A  MODEL  HOUSING 
LAW 


RUSSELL    SAGE 
FOUNDATION 


A  MODEL  HOUSING 
LAW 


BY 

LAWRENCE  VEILLER 
i» 

AUTHOR  OF  "HOUSING  REFORM,"  "A  MODEL  TENEMENT 
HOUSE  LAW,"  ETC. 


NEW     YORK 

SURVEY     ASSOCIATES,      INC. 
MCM  X  I  V 


Copyright,  1914,  by 
THE  RUSSELL  SAGE  FOUNDATION 


PRESS  OF  WM.  F.   FELL  CO. 
PHILADELPHIA 


TABLE  OF  CONTENTS 

PAGE 

I.  HOUSING  REFORM  THROUGH  LEGISLATION       .  i 

II.  BUILDING  CODES,  TENEMENT  HOUSE  LAWS  AND  HOUS- 
ING LAWS    .  -9 

III.  How  TO  USE  THE  MODEL  LAW   .  17 

IV.  A  MODEL  HOUSING  LAW      .  .     25 

ARTICLE  I 
General  Provisions .28 

ARTICLE  II 

Dwellings  Hereafter  Erected 69 

Title  i .  Light  and  Ventilation     .               ...  71 

Title  2.  Sanitation 127 

Title  3.  Fire  Protection        .                                      .  141 

ARTICLE  III 
Alterations          .  .       .  .  .161 

ARTICLE  IV 
Maintenance 172 

ARTICLE  V 
Improvements .   200 

ARTICLE  VI 
Requirements  and  Remedies 221 

V.  WHAT  KIND  OF  HOUSES  CAN   BE   BUILT  UNDER  THE 

MODEL  LAW? 247 

VI.  A  MODEL  TENEMENT  HOUSE  LAW 291 

VII.  AN  IDEAL  HOUSING  LAW 299 

INDEX 303 


390.21  a 


DIAGRAMS 

FIGURE  SECTION  PAGE 

1.  Rear  yards — Methods  of  measurement  ....     2  (7)         36 

2.  Rear  yards  of  irregular  depth 2  (7)         37 

3.  Rear  yards — Methods  of  measurement — Extensions    .     2  (7)         38 

4.  Rear  yards — Methods  of  measurement — Courts   .        .     2  (7)         38 

5.  Inner  courts 2  (8)        40 

6.  Outer  courts  between  wings 2  (8)        40 

7.  Outer  courts  on  the  lot  line 2  (8)        40 

8.  Rear  of  the  lot  in  triangular  lots 2(10)        42 

9.  Rear  of  the  lot  with  entrance  at  side      .        .        .        .2(10)        43 

10.  Basements  and  cellars — Varying  grades — Low  at  rear      2  (13)        45 

11.  Basements  and  cellars — High  at  rear      .        .        .        .2(13)         46 

12.  Residence  districts — One  side  of  block  business  •.        .9  61 

13.  What  is  a  corner  lot? 20  74 

14.  Neighborhood  treatment  of  yards 22  78 

15.  Mean  depth  of  lot 22  81 

1 6.  Yards  of  corner  lots 22  82 

17.  Offsets  to  courts 24  91 

1 8.  A  court  carried  down  unlawfully 25  95 

19.  A  lawful  court 25  95 

20.  Intakes  for  inner  courts 26  96 

21.  Cutting  off  the  corners  of  a  court — Lawful    ...   27  98 

22.  Cutting  off  the  corners  of  a  court — Unlawful        .        .   27  98 

23.  Space  required  between  buildings 28  100 

24.  Space  between  buildings — Side  by  side  ....   28  102 

25.  Room  with  windows  in  corner — Unlawful  and  Lawful     29  104 

26.  Room  with  furniture  in  it 31  107 

27.  Narrow  servant's  room 31  108 

28.  "Wardrobe  flats" — The  flat  as  approved — Two  rooms  33  113 

29.  "Wardrobe  flats" — The  flat  as  occupied — Four  rooms  33  113 

30.  Privacy — Access  to  water-closets  and  bedrooms   .        .34  115 

31.  General  toilet  room 35  119 

32.  Hall  lighting — Window  at  end — Lawful.        .        .        .36  121 

33.  Hall  lighting — The  usual  hotel  corridor — Unlawful      .36  121 

34.  Damp  proofing  of  walls  and  floors 42  129 

35.  Pan  and  long  hopper  closets 47  140 

vii 


DIAGRAMS 

FIGURE                                                                                                                                                             SECTION  PAGE 

36.  Fire  tower 51  148 

37.  New  court  in  an  old  building 73  164 

38.  Spoiling  the  light  of  an  existing  room     .        .        .        .75  165 

39.  Spoiling  the  light  of  an  existing  hallway         .        .        .75  166 

40.  Sash  windows  provided  between  rooms  .        .        .        .120  202 
41-47.  Water-closets  in  place  of  privies        .        .        .        .124  209-215 

48.  A  school-sink 124  216 

Houses  that  Can  Be  Built  Under  the  Model  Law 

49-62.   Detached  houses  on  4O-foot  lots 262-275 

63-69.   Detached  houses  on  25-foot  lots       .        .        .        .        .  276-282 

70-76.  Continuous  rows  or  terraces  on  25-foot  lots  .        .        .  283-289 

49-55.  Two-story  and  attic  detached  houses      ....  262-268 

56-69.  Three-story  and  attic  detached  houses    ....  269-282 

70-76.  Three-story  and  attic  houses  in  continuous  rows  .        .  283-289 

77.  A  "Terrace" 296 

78.  Detached  houses 297 

79.  Many  houses  on  same  lot 297 

80.  Ideal  houses — Two  rooms  deep,  with  a  central  park      .        .  .301 


Vlll 


I 

HOUSING  REFORM 
THROUGH  LEGISLATION 


HOUSING  REFORM  THROUGH  LEGISLATION 

TO  the  social  reformer  who  believes  that  the  solution  of  the 
housing  problem  is  to  be  found  in  a  change  in  methods  of 
taxation  or  in  a  new  industrial  era  this  book  will  have  but 
little  interest. 

How  delightful  it  would  be  to  be  able  to  believe  that  all  that 
is  needed  to  bring  about  proper  housing  conditions  is  a  change  in 
the  economic  status  of  the  working  people!  That  given  enough 
wages,  slums  would  vanish!  Flying  carpets,  wishing  caps,  and 
magic  philters  have  from  time  immemorial  had  an  indescribable 
charm  for  humanity.  But  alas,  it  is  not  to  be  done  so  easily. 
City  slums  cannot  by  the  wave  of  a  necromancer's  wand  become 
gardens  of  delight. 

The  determination  of  how  best  to  cope  with  the  housing 
problem  depends  a  good  deal  upon  one's  conception  of  what  hous- 
ing reform  is;  and  before  there  can  be  adequate  discussion  of  what 
constitutes  that  there  must  be  agreement  as  to  what  the  housing 
problem  is.  In  other  words,  we  must  know  what  we  are  going  to 
reform  before  we  attempt  to  reform  it. 

There  is  great  variety  of  opinion  on  this  subject,  especially 
among  those  to  whom  it  is  a  new  subject.  Some  people  seem  to 
believe  that  the  housing  problem  is  essentially  the  problem  of 
cheap  houses;  as  they  have  expressed  it,  "of  providing  a  home  for 
the  man  who  cannot  afford  to  pay  more  than  $9.00  a  month." 
But  this  is  a  singularly  misleading  and  restricted  view  of  a  large 
and  complicated  question.  It  is  but  one  aspect  of  it.  It  would  be 
as  appropriate  to  say  that  the  problem  of  child  welfare  is  the  pro- 
viding of  milk  at  four  cents  a  quart. 

Another  group,  with  their  eyes  fixed  upon  the  more  crowded 
quarters  of  some  of  the  larger  cities  where  the  problem  of  moving 
back  and  forth  the  vast  throngs  who  journey  from  one  part  of  the 

3 


A    MODEL   HOUSING    LAW 

city  to  another  twice  a  day  is  fraught  with  great  difficulties, 
conceive  that  the  housing  problem  is  the  problem  of  rapid  transit 
and  that  if  cheap  and  effective  rapid  transit  could  be  once  provided 
the  housing  problem  would  be  solved.  This  is  not  a  new  view. 

Still  another  element  believe  that  the  housing  problem  is  the 
problem  of  supplying  a  sufficient  quantity  of  housing  accommoda- 
tions and  that  anything  which  tends  to  encourage  the  building  of 
more  houses  will  solve  the  housing  problem,  the  assumption  being 
that  there  is  a  dearth  of  housing  accommodations  and  that  people 
live  under  bad  conditions  simply  because  there  are  not  enough 
houses  to  go  around. 

There  is  truth  in  all  these  views.  Each  one  is  a  factor  in- 
volved in  the  housing  problem,  but  no  one  of  them  can  be  truth- 
fully said  to  constitute  that  problem. 

,  The  housing  problem  is  the  problem  of  enabling  the  great 

mass  of  the  people  who  want  to  live  in  decent  surroundings  and 
bring  up  their  children  under  proper  conditions  to  have  such  oppor- 
tunities. It  is  also  to  a  very  large  extent  the  problem  of  prevent- 
ing other  people  who  either  do  not  care  for  decent  conditions  or  are 
unable  to  achieve  them  from  maintaining  conditions  which  are  a 
menace  to  their  neighbors,  to  the  community  and  to  civilization. 

If  we  accept  this  view  of  what  constitutes  the  housing  prob- 
lem we  see  that  it  has  many  sides;  that  it  is  not  only  an  economic 
problem,  not  only  a  question  of  supply  and  demand  and  of  furnish- 
ing a  sufficient  quantity  of  homes,  but  that  the  kind  of  home  is  of 
vital  importance.  The  assumption  that  thousands  of  people  live 
under  conditions  such  as  are  found  in  our  large  cities  throughout 
America  because  there  are  no  other  places  in  which  they  can  live 
is  not  borne  out  by  the  facts.  There  is  no  use  in  dodging  the 
question.  We  may  as  well  frankly  admit  that  there  is  a  consider- 
able portion  of  our  population  who  will  live  in  any  kind  of  abode 
that  they  can  get  irrespective  of  how  unhygienic  it  may  be. 

Housing  reform  is  to  be  sought  in  many  ways,  but  chiefly 
*  through  the  enforcement  of  wise  laws;  laws  which  will  regulate  the 
kind  of  houses  that  may  be  built,  will  compel  the  improvement  of 
the  older  buildings  as  they  fall  into  disuse,  and  will  require  all 
buildings  in  which  human  beings  live  to  be  kept  in  a  sanitary  and 
safe  condition. 


HOUSING    REFORM   THROUGH    LEGISLATION 

But  legislation  is  not  the  only  way.  Much  must  be  done 
through  education, — education  of  both  tenant  and  landlord,  and 
even  of  the  community  itself.  The  force  of  example  some  think 
will  do  much,  but  thus  far  that  expectation  has  not  been  realized. 

Considerable  also  can  be  accomplished  by  wise  management; 
by  the  building  of  houses  of  a  more  attractive  type;  by  encourag- 
ing the  development  of  garden  cities;  by  stimulating  those  who 
like  country  life  to  live  in  the  country  or  in  the  suburbs;  by  im- 
proved transit,  thus  making  it  easier  for  men  to  live  out  of  town 
and  journey  to  their  work;  and  especially  by  the  intelligent  plan- 
ning of  towns  and  cities. 

But  what  makes  any  of  us  take  up  housing  reform  is  not 
primarily  the  desire  to  see  any  of  these  things  brought  about,  but 
the  insistent  demand  made  by  our  consciences  for  the  abolition  of 
the  slum. 

We  all  of  us  believe  that  the  conditions  under  which  thous- 
ands of  our  fellow  citizens  live  are  wrong  and  a  mockery  on  civili- 
zation, and  to  many  of  us  the  continuance  of  such  conditions  seems 
fraught  with  menace  to  our  institutions.  That  the  people  them- 
selves often  have  created  the  very  conditions  from  which  they  suffer 
does  not  alter  the  situation.  The  conditions  are  there  and  must 
be  dealt  with.  The  one  thing  that  we  are  all  agreed  upon  is  that 
we  cannot  afford  to  neglect  them. 

The  housing  problem  is  therefore  essentially  the  problem  of 
preventing  people  from  maintaining  conditions  which  are  a  menace 
to  their  neighbors  or  to  the  community. 

Housing  evils  as  we  know  them  today  are  to  be  found  in 
dangerous  and  disease-breeding  privy  vaults,  in  lack  of  water 
supply,  in  dark  rooms,  in  filthy  and  foul  alleys,  in  damp  cellars,  in 
basement  living  rooms,  in  conditions  of  filth,  in  inadequate  methods 
of  disposal  of  waste,  in  fly-borne  disease,  in  cramped  and  crowded 
quarters,  in  promiscuity,  in  lack  of  privacy,  in  buildings  of  undue 
height,  in  inadequate  fire  protection,  in  the  crowding  of  buildings 
too  close  to  each  other,  in  the  too  intensive  use  of  land. 

How  are  these  manifold  evils  to  be  remedied?  Legislation 
thus  far  has  proved  to  be  the  most  effective  remedy.  The  only 
way  that  we  know  of  by  which  such  conditions  can  be  ended  is 
through  the  enactment  of  laws  which  will  compel  the  removal  of 

5 


A    MODEL    HOUSING    LAW 

these  evils  and  the  substitution  of  right  conditions.  This  is  not 
theory  but  the  result  of  the  experience  of  many  cities. 

Legislation  alone,  of  course,  will  not  do  it.  Laws  must  be 
enforced.  Merely  getting  a  housing  law  on  the  statute  books  will 
not  change  conditions.  Unfortunately,  laws  do  not  execute  them- 
selves and  no  law  will  do  much  unless  an  adequate  system  of  en- 
forcement is  also  provided. 

True,  it  is  a  painful  operation.  It  takes  time  and  energy 
and  above  all  things  patience.  It  means  constant  effort.  It 
means  attention  to  innumerable  details.  It  often  means  foregoing 
immediate  results  to  secure  larger  future  returns. 

Housing  is  a  commodity  like  food  or  clothes,  and  the  methods 
to  be  employed  in  securing  the  right  kind  of  housing  for  the  people 
of  any  community  differ  in  no  essential  respect  from  the  methods 
to  be  followed  in  providing  the  right  kind  of  food  or  clothing  for 
that  community.  In  a  city  where  the  children  of  the  poor  were 
dying  of  typhoid  because  of  impure  milk,  we  should,  I  think,  feel 
that  it  was  trifling  with  a  serious  situation  if  it  were  urged  that 
nothing  could  be  done  through  legislation,  but  that  the  only  way 
to  insure  a  better  milk  supply  was  to  encourage  the  people  to  move 
to  the  country  where  they  could  have  their  own  cows  and  thus  in- 
sure the  right  kind  of  milk  for  their  children. 

We  should  undoubtedly  feel  that  it  was  playing  with  a  vital 
situation  were  it  proposed  to  meet  a  crisis  of  this  kind  through  the 
establishment  of  a  model  dairy  which  would  furnish  milk  to  i  per 
cent  of  the  children  of  the  city,  and  at  the  same  time  allow  the  other 
99  per  cent  to  be  poisoned  by  bad  milk.  What  every  community 
has  done  under  such  circumstances  has  been  to  rise  in  its  might 
and  say  bad  milk  shall  not  be  sold.  In  other  words,  they  have 
sought  the  remedy  for  such  a  condition  through  law  and  law  en- 
forcement, and  they  have  gotten  results.  It  is  all  right  to  estab- 
lish a  model  dairy  to  encourage  others  and  show  how  good  milk 
can  be  produced,  but  this  should  follow  an  ordinance  prohibiting 
the  sale  of  skim  milk  or  milk  containing  too  large  a  bacterial  count. 
No  sane  community  would  accept  the  establishment  of  one  model 
dairy  as  a  substitute  for  that  kind  of  legislation.  Good  housing  is 
to  be  provided  in  just  the  same  way. 

The  question  which  every  housing  reformer  must  face  is: 

6 


HOUSING    REFORM   THROUGH    LEGISLATION 

What  method  will  give  the  largest  results  with  the  least  expenditure 
of  energy  and  effort?  It  is  largely  a  question  of  emphasis.  The 
method  which  will  return  90  per  cent  of  results  and  not  10  per  cent, 
is  obviously  the  method  to  follow.  No  one  thing  will  in  itself  solve 
the  housing  problem  in  any  community.  Housing  evils  are  of  so 
manifold  a  nature  and  have  so  many  manifestations  that  it  is,  of 
course,  apparent  that  many  things  must  be  done  before  right  con- 
ditions can  be  achieved.  There  is  no  method  of  housing  reform 
which  the  housing  reformer  should  not  adopt  provided  it  will 
produce  results.  It  must  always  be  submitted  to  this  practical 
test.  In  some  cases  all  methods  are  to  be  employed,  not  merely 
one. 

That  legislation  alone  will  solve  the  housing  problem  is  of 
course  absurd.  But  the  point  that  we  wish  to  lay  emphasis  upon 
is  that  in  most  cases  the  largest  results  have  come  from  legislative 
action  and  that  until  certain  fundamental  evils  have  been  remedied 
it  is  futile,  or  worse,  to  adopt  the  methods  of  housing  reform  which 
may  be  said  to  belong  to  the  post-graduate  period  rather  than  to 
the  kindergarten  stage  of  a  community's  development.  In  other 
words,  we  must  get  rid  of  our  slums  before  we  establish  garden 
cities;  we  must  stop  people  living  in  cellars  before  we  concern  our- 
selves with  changes  in  methods  of  taxation;  we  must  make  it  im- 
possible for  builders  to  build  dark  rooms  in  new  houses  before  we 
urge  the  government  to  subsidize  building;  we  must  abolish  privy 
vaults  before  we  build  model  tenements.  When  these  things  have 
been  done  there  is  no  question  that  effort  can  be  profitably  ex- 
pended in  the  other  directions  mentioned. 


II 

BUILDING  CODES,  TENEMENT  HOUSE  LAWS 
AND  HOUSING  LAWS 


II 

BUILDING  CODES,  TENEMENT  HOUSE  LAWS 
AND  HOUSING  LAWS 

IF  we  accept  the  principle  that  the  largest  results  in  housing 
reform  will  come  through  legislation,  the  immediate  practical 
questions  which  present  themselves  are:     What  kind  of  laws 
shall  we  work  for,  how  shall  we  prepare  them  and  how  obtain 
them? 

As  a  rule,  the  first  suggestion  which  comes  to  mind  is  to 
amend  the  building  code.  Every  city  of  considerable  size  has  a 
building  ordinance  of  some  kind  and  in  those  places  where  there  is 
no  building  code  it  is  very  natural  to  concentrate  effort  upon  se- 
curing one.  While  it  is  true  that  we  do  want  to  secure  the  enact- 
ment of  laws  which  will  regulate  the  way  houses  may  be  built, 
yet  the  remedies  which  most  people  interested  in  housing  reform 
are  seeking  will  not  be  found  in  the  ordinary  building  code. 

It  is  important,  therefore,  at  the  outset  to  clearly  distinguish 
between  three  kinds  of  building  laws — a  building  code,  a  tenement 
house  law  and  a  housing  law. 

A  building  code  is,  as  its  title  indicates,  a  code  of  laws  dealing 
with  the  methods  to  be  employed  in  the  construction  of  buildings. 
It  concerns  itself  chiefly  with  questions  of  building  materials  and 
processes.  Housing  reformers  are  not  as  a  rule  interested  in  these 
questions;  in  the  quality  of  brick  and  mortar,  in  methods  of  fire- 
proofing,  in  the  advantages  of  terra  cotta  as  compared  with  re- 
inforced concrete,  in  factors  of  safety,  in  dead  and  live  loads,  in 
wind  stresses,  in  automatic  sprinklers,  in  fire  and  water  tests,  in 
rivets  and  flanges  of  iron  beams  and  columns,  in  wall  thicknesses 
and  similar  technical  questions.  Important  as  these  are  from  the 
point  of  view  of  safety  and  construction  and  the  reduction  of  fire 
risk,  they  do  not  touch  the  questions  which  most  vitally  concern 
the  welfare  of  the  great  mass  of  our  people. 

1 1 


A    MODEL   HOUSING    LAW 

In  other  words,  a  building  code  does  not  so  much  affect 
living  conditions  as  it  affects  the  building  industry.  At  best  a 
building  code  is  nothing  more  nor  less  than  a  gigantic  specification. 
It  is  a  document  to  interest  architects  and  builders  and  manufac- 
turers of  building  materials,  not  the  housing  reformer.  As  a  rule, 
it  is  a  long,  detailed,  abstruse,  highly  technical  and  uninteresting 
document,  not  understandable  in  most  of  its  provisions  by  the 
layman. 

Only  in  rare  instances  do  we  find  in  a  building  code  provisions 

which  deal  with  the  conditions  under  which  people  live.     Ordi- 

I  narily  no  building  code  concerns  itself  with  anything  but  the  con- 

I  struction  of  new  buildings.    It  is  seldom  that  we  find  it  dealing 

/  with  the  conditions  which  must  be  maintained  in  order  that  people 

may  have  sanitary  homes. 

It  is  apparent,  therefore,  that  housing  reformers  will  not 
find  in  the  enactment  of  building  codes  the  legislation  which  they 
are  seeking. 

The  question  then  presents  itself  whether  one  should  work 
for  a  tenement  house  law  or  for  some  other  kind  of  a  law.  The 
answer  to  this  question  will  depend  very  much  upon  the  condi- 
tions which  prevail  in  each  city  where  the  problem  is  taken  up. 
In  a  city  like  New  York,  for  instance,  or  Boston,  or  even  Chicago, 
there  are  many  reasons  why  housing  reformers  should  seek  at  first 
at  any  rate  to  secure  tenement  house  legislation.  In  these  cities 
the  tenement  house  is  the  type  of  dwelling  in  which  the  great 
mass  of  the  people  live.  It  is  also  the  type  in  which  the  most  se- 
rious evils  are  to  be  found.  It  is  but  natural  under  such  circum- 
^  stances  that  housing  reformers  should  seek  remedies  for  the  worst 
conditions  first. 

Until  very  recently  the  course  followed  in  America  has  been 
.  along  these  lines.  Housing  reform  has  been  sought  chiefly  through 
tenement  house  legislation;  that  is,  through  laws  which  regulate 
the  conditions  in  buildings  in  which  many  people  live;  and  which 
deal  not  merely  with  the  construction  of  such  buildings  when  new, 
but  also  require  the  improvement  of  the  older  ones  and  the  main- 
tenance of  all  dwellings  in  a  safe  and  sanitary  condition. 

Such  laws  are  essentially  different  from  building  laws.  They 
concern  themselves  primarily  with  sanitary  questions — with 

12 


BUILDING   CODES    AND    HOUSING    LAWS 

light  and  ventilation,  plumbing  and  drainage,  intensive  use  of 
land,  privacy,  sewage  disposal,  egress  in  case  of  fire,  reasonable 
fire  protection,  and  to  a  large  extent  with  maintenance  and  use, 
regulating  conditions  under  which  water-closets  are  maintained, 
prohibiting  improper  use  of  cellars,  regulating  and  restricting 
basement  and  cellar  occupancy,  providing  for  adequate  water 
supply  in  convenient  places,  insuring  cleanliness  and  the  keeping 
of  buildings  in  repair,  providing  receptacles  for  waste  materials  of 
various  kinds,  forbidding  the  keeping  of  animals  and  similar  im- 
proper use  of  the  premises;  they  require  a  resident  caretaker, 
prohibit  overcrowding,  forbid  the  taking  in  of  lodgers,  authorize 
the  health  department  to  vacate  houses  which  are  unfit  for  habi- 
tation, and  generally  require  buildings  to  be  kept  in  sanitary  con- 
dition. 

It  is  at  once  seen  that  such  a  law  is  materially  different  from  a 
building  code  and  that  it  concerns  itself  with  totally  different 
things. 

The  question,  What  is  a  tenement  house?  presents  some  dif- 
ficulties. In  most  cities  the  law  includes  in  this  category  buildings 
which  are  occupied  in  common  as  the  home  or  residence  of  three  or 
more  families.  In  a  few  cities  the  standard  is  set  at  four  families, 
but  in  recent  years  it  more  properly  has  been  set  at  two  families. 
The  city  of  Chicago,  for  instance,  in  its  ordinance  includes  as 
tenement  houses  all  buildings  occupied  by  two  families  or  more. 
The  tenement  house  law  of  the  state  of  Indiana  similarly  sets  the 
standard  at  two  families,  though  New  York  City  still  keeps  its 
standard  at  three  families.  Columbus,  Ohio,  has  gone  further. 
It  not  only  treats  all  two-family  houses  as  tenement  houses  but 
includes  under  many  of  the  provisions  of  the  same  law  certain  types 
of  one-family  houses  as  well. 

There  is,  of  course,  no  reason  why  people  who  live  in  houses 
in  which  there  are  but  two  families  should  not  be  afforded  the  same 
protection  against  unsanitary  conditions  that  is  afforded  to  people 
who  live  in  houses  in  which  there  are  three  families.  All  are  equally 
entitled  to  light  and  air,  proper  drainage,  modern  sanitation,  ade- 
quate water  supply  and  the  rest  of  the  things  which  go  to  make  up 
proper  housing  conditions. 

One  reason  why  housing  reformers  have  heretofore  confined 

'3 


A    MODEL    HOUSING    LAW 

their  efforts  to  tenement  house  legislation  has  been  that  they 
have  necessarily  in  the  beginning  of  this  work,  as  a  matter  of  pol- 
icy, felt  constrained  to  proceed  along  lines  of  least  resistance  and 
take  up  those  conditions  for  which  there  would  be  the  strongest 
public  support. 

Obviously,  only  in  those  cities  where  the  tenement  house  is 
the  prevailing  type,  will  a  tenement  house  law  do  much  to  solve  the 
housing  problem.  In  the  great  majority  of  cities,  however,  the 
tenement  house  is  not  the  usual  type  but  the  exception.  In  most 
cities  in  America  the  great  mass  of  the  people  live  in  one-family 
houses,  many  of  them  in  detached  houses;  nevertheless,  the  hous- 
ing evils  which  prevail  there  are  the  same  evils  that  are  found  in 
the  tenement  houses  of  our  larger  cities. 

Dark  rooms,  cellar  dwellings,  lack  of  drainage,  inadequate 
water  supply,  overcrowding,  the  lodger  evil,  and  the  other  count- 
less evils  encountered  in  our  cities  are  found  just  as  frequently  in 
the  small  cottages  in  which  the  mass  of  the  working  people  live 
as  in  the  taller  tenements  of  our  older  cities. 

It  is  apparent,  therefore,  that  housing  reform  to  be  effective 
must  in  most  cities  concern  itself  not  merely  with  the  tenement 
house  but  with  the  private  dwelling. 

There  would  be  little  difficulty  in  this  were  it  not  for  the  fact 
that  any  law  which  effectively  regulates  the  dwelling  in  which  the 
workingman  lives  must  also  apply  to  the  mansion  of  the  million- 
aire and  the  home  of  the  average  well-to-do  citizen,  who  as  a  rule 
resents  the  idea  that  the  house  in  which  he  lives  needs  regulation, 
and  is  consequently  apt  to  oppose  such  efforts  at  housing  reform. 

The  tenement  house  and  the  private  dwelling  are  not  the 
only  types  of  buildings  which  need  regulation.  There  are  others 
which  need  it  quite  as  much.  It  would  seem  that  the  time  had 
come  in  America  when  we  should  regulate  all  buildings  in  which 
human  beings  live,  and  that  it  is  folly  for  us  any  longer  to  permit 
dark  rooms  in  any  building  where  people  dwell.  A  dark  room  in  a 
boarding  house  or  hotel  is  as  dangerous  as  one  in  a  tenement  house; 
possibly  in  some  ways  more  dangerous.  Bad  plumbing  has  the 
same  bad  effects  in  all  buildings. 

For  these  reasons  the  housing  reformer  should  work  for 
housing  legislation;  not  merely  for  a  tenement  house  law  which  in 


BUILDING   CODES   AND   HOUSING    LAWS 

most  communities  deals  with  one  comparatively  small  and  limited 
class,  but  for  a  law  which  affects  all  citizens,  a  law  which  makes 
dark  rooms  quite  as  impossible  in  the  rich  man's  home  as  in  the 
poor  man's  cottage,  which  makes  a  dark  hall  quite  as  illegal  in  a 
modern  high-class,  fireproof  hotel  as  in  a  common  lodging  house. 

The  only  kind  of  legislation  that  will  do  this  is  a  law  which 
affects  all  buildings  in  which  people  live,  whether  those  buildings 
are  private  dwellings,  two-family  dwellings,  tenement  houses, 
apartment  houses,  flats,  hotels,  boarding  houses,  lodging  houses, 
apartment  hotels  or  bachelor  apartments. 

It  is  apparent  that  the  scope  of  such  a  law  is  far  wider  than 
that  of  a  mere  tenement  house  law.  The  opposition  to  it  will  also 
be  wider.  And  yet  notwithstanding  this,  it  is  the  kind  of  legislation 
to  work  for.  By  no  other  means  can  we  secure  right  conditions. 

It  is,  moreover,  a  rather  restricted  view  to  assume  that  one's 
duty  as  a  good  citizen  is  thus  limited.  It  is  also  a  short-sighted 
view;  for  it  will  only  be  a  question  of  a  few  years  when  we  shall 
have  to  take  the  second  step  if  we  do  not  take  it  now.  And  it  is 
easier  to  make  the  advance  in  one  step  than  in  several.  It  is  wise 
economy  to  make  the  momentum  of  the  initial  campaign  carry 
through  the  broader  law. 

On  the  other  hand,  the  term  "tenement  house"  is  an  asset. 
One  can  rally  to  the  support  of  tenement  house  reform  a  vast 
amount  of  public  sentiment  which  will  not  respond  in  behalf  of  a 
mere  housing  law.  The  word  immediately  conjures  up  to  the 
popular  mind  a  picture  of  sordid,  squalid  conditions.  When  we 
hear  of  "tenement  house  reform"  our  minds  instinctively  revert 
to  the  city  slum. 

But  it  is  also  a  liability.  When  applied  to  the  high-class 
apartment  house  or  to  the  better  grade  flat,  to  the  private  dwelling 
or  the  two-family  house,  there  is  resentment  on  the  part  of  many 
members  of  the  community  whose  support  we  should  otherwise 
have,  because  they  feel  that  a  stigma  is  being  attached  to  their 
property  and  their  homes.  They  resent  the  idea  of  a  tenement 
house  law  as  applicable  to  the  houses  in  which  they  live;  for  their 
conception  of  a  tenement  house  is  the  popular  one. 

These  advantages  and  disadvantages  are  both  lost  when  we 
work  for  housing  legislation.  While  it  is  true  that  the  stigma 

15 


A    MODEL   HOUSING    LAW 

attaching  to  the  tenement  house  label  disappears,  on  the  other 
hand  we  shall  extend  the  opposition  to  new  groups. 

I  see  no  escape,  however,  from  this  dilemma.  If  the  laws 
are  to  be  of  any  value  they  must  have  "teeth  in  them"  and  some- 
one is  sure  to  be  hurt.  This  is  inherent  in  the  situation  and  can- 
not be  avoided. 

If  we  wish,  therefore,  to  make  our  efforts  of  the  widest  in- 
fluence we  should  seek  housing  legislation  and  not  merely  tenement 
house  reform.  The  latter  will  do  for  a  few  cities,  but  will  prove 
of  little  value  to  the  great  mass  of  communities  in  America. 
Housing  evils  are  not  confined  to  cities.  Slums  are  found  wherever 
people  live,  in  small  towns,  in  villages,  even  on  the  open  prairie, 
and  the  only  effective  way  to  overcome  these  evils  is  through  hous- 
ing legislation;  legislation  which  at  first  should  apply  only  to  the 
larger  cities,  but  which  gradually  can  be  extended  with  little 
change  to  the  smaller  communities  until  ultimately  every  section 
of  the  state  is  embraced  within  its  beneficent  protection. 


16 


Ill 

HOW  TO  USE  THE  MODEL  LAW 


Ill 

HOW  TO  USE  THE  MODEL  LAW 

WHILE  this  book  is  called  A  Model  Housing  Law  it  is  so 
only  in  the  sense  of  being  a  working  model  upon  which 
others  may  build.  It  is  in  no  sense  meant  to  be  an 
ideal  or  perfect  statute.  It  perhaps  can  be  best  described  as 
"canned  legislation/'  Its  purpose  is  to  save  persons  interested 
in  housing  reform  many  years  of  effort,  and  if  rightly  used  should 
accomplish  this  purpose.  It  is  intended  to  make  unnecessary  the 
painful  operation  of  collecting  the  housing  laws  of  all  the  dif- 
ferent cities  and  states  throughout  the  country,  preparing  a  com- 
parative digest  of  them,  and  slowly  and  painfully  setting  to  work 
to  construct  a  new  law  from  these  elements,  cutting  a  piece  here 
and  adding  a  patch  there,  the  result  being  a  crazy-quilt  of  legisla- 
tion which  does  not  accomplish  what  is  desired. 

As  all  the  housing  laws  in  the  United  States  are  based  upon 
two  models,  either  the  New  York  Tenement  House  Law  or  the 
present  author's  Model  Tenement  House  Law,  published  in  1910,* 
it  at  once  appears  that  there  is  little  advantage  to  any  community 
in  thus  collecting  the  laws  of  the  different  states  and  cities.  At 
best  all  that  one  can  get  from  them  is  to  discover  the  local  varia- 
tions that  have  been  made  from  the  parent  stock. 

As  a  rule  these  local  variations  hinder  rather  than  help. 
They  frequently  mean  nothing  more  than  a  concession  made  to 
some  individual  on  a  local  committee  who  has  in  mind  some  par- 
ticular type  of  house  and  who  declines  to  agree  to  a  report  or  to 
support  proposed  legislation  unless  the  particular  point  which  he 
has  in  mind  is  favored.  Concessions  of  this  kind  when  copied  in 
other  communities  without  an  understanding  of  the  reasons  which 
led  to  their  enactment,  do  incalculable  harm. 

*  Veiller,  Lawrence:  A  Model  Tenement  House  Law.  New  York,  Chari- 
ties Publication  Committee,  1910. 

19 


A    MODEL   HOUSING    LAW 

In  A  Model  Tenement  House  Law,  the  disadvantages  of 
this  method  of  procedure  are  pointed  out.  It  may  not  be  amiss 
to  repeat  some  of  the  warnings  given  there. 

Writing  a  housing  law  is  a  difficult  task.  It  requires  much 
time  and  effort  and  a  good  deal  of  technical  knowledge.  As 
usually  done  it  is  undertaken  by  one  or  two  public-spirited  citizens 
who  come  to  the  task  generally  unprepared.  Unless  guided  by 
the  experience  of  others  the  results  of  this  kind  of  effort  are  apt  to 
prove  disastrous.  The  law  prepared  under  such  methods  is  as  a 
rule  found  inadequate  when  put  into  practice.  It  is  then  discovered 
that  many  important  matters  have  been  overlooked,  that  some 
parts  have  been  so  drawn  as  not  to  accomplish  what  was  intended, 
that  others  are  so  involved  that  they  are  understood  neither  by  the 
officials  who  have  to  enforce  them  nor  by  the  citizens  who  are  called 
upon  to  obey  them,  and  that  there  are  loopholes  in  the  law  by 
which  it  may  be  easily  evaded  and  often  its  whole  purpose  defeated. 

It  is  because  of  these  considerations  that  the  Model  Law  has 
been  evolved. 

All  those  enactments  which  any  city  would  wish  to  make  to 
regulate  past,  present  and  prospective  housing  evils  have  been 
included.  It  has  been  prepared  for  practical  use  by  laymen,  as 
well  as  by  lawyers  and  public  officials,  and  has  been  kept  as  simple 
and  concise  in  form  as  it  is  possible  to  make  it. 

Housing  laws  deal  with  the  construction  of  new  buildings, 
the  alteration  of  existing  ones,  and  the  maintenance  of  all,  and  are 
therefore  used  by  many  different  classes  in  the  community:  build- 
ers, architects,  plumbers,  owners,  tenants,  social  workers.  In  most 
laws,  especially  building  codes,  the  provisions  which  relate  to  dif- 
ferent classes  of  buildings  are  jumbled  together  and  the  person 
using  them  is  compelled  to  hunt  through  the  whole  law  to  find 
that  part  in  which  he  is  interested. 

In  this  respect  the  Model  Law  represents  a  great  advance. 
The  various  provisions  have  here  been  so  classified  that  each  per- 
son can  quickly  and  readily  find  those  matters  which  interest  him. 
A  builder  need  only  consider  the  provisions  of  one  chapter  of  the 
law;  namely,  that  relating  to  New  Buildings.  A  man  wishing  to 
alter  his  house  will  find  everything  bearing  on  it  in  one  separate 
chapter  entitled  Alterations;  the  landlord  will  find  grouped  to- 

20 


HOW  TO   USE   THE   MODEL   LAW 

gether  under  Maintenance  in  another  chapter,  all  those  provisions 
which  govern  the  maintenance  of  such  houses;  and  here  too  ten- 
ants and  social  workers  will  find  what  they  want  to  know. 

The  law  is  accordingly  divided  into  six  chapters:  Chapter  I, 
General  Provisions  (including  Definitions);  Chapter  II,  New 
Buildings  (divided  into  three  divisions:  Title  i,  Light  and  Ventila- 
tion; Title  2,  Sanitation;  Title  3,  Fire  Protection);  Chapter  III, 
Alterations;  Chapter  IV,  Maintenance;  Chapter  V,  Improve- 
ments; and  Chapter  VI,  Requirements  and  Remedies. 

A  special  word  of  caution  should  be  given  in  this  connection. 
Some  people  have  in  their  desire  to  "  simplify"  and  reduce  the  bulk 
of  the  law  because  the  law  "looks  so  long"  to  them,  sought  to 
combine  the  various  provisions  and  have  disregarded  this  impor- 
tant plan  of  classification  and  thrown  the  various  sections  together. 
In  every  case  where  this  has  been  done  the  result  has  been  disas- 
trous. The  law  thus  evolved  has  been  not  only  complicated  and 
troublesome  but  has  failed  to  remedy  the  evils  involved. 

Those  seeking  housing  reform  should  realize  at  once  that 
there  is  no  way  to  enact  a  short  housing  law  which  will  be  adequate. 
There  is  no  escape.  If  the  conditions  are  to  be  adequately  dealt 
with,  the  housing  law  must  deal  with  all  the  important  phases  of 
the  problem.  No  short  cuts  are  possible. 

A  housing  law  to  be  appropriate  should  necessarily  be  adapted 
to  local  conditions.  What  is  necessary  and  practicable  in  one  city 
may  not  be  necessary  in  another.  In  order  to  make  such  local 
adaptation  easy,  the  plan  has  been  adopted  of  printing  in  capital 
letters  those  standards  which  may  vary  in  each  city;  thus,  in  the 
provision  dealing  with  the  percentage  of  lot  which  may  be  occupied, 
in  the  Model  Law  this  has  been  fixed  at  SEVENTY  per  cent  in  the 
case,  for  instance,  of  interior  lots  not  over  60  feet  in  depth.  Some 
cities  may  wish  to  impose  either  a  higher  or  a  lower  standard,  to 
make  this  amount  say  60  or  75 ;  all  that  each  city  needs  to  do  under 
the  scheme  of  this  law  is  to  change  the  one  word  "SEVENTY" 
and  leave  the  rest  of  the  section  as  it  is.  The  convenience  of  such 
a  plan  is  obvious. 

Where  there  is  no  featuring  of  a  standard  in  this  way  it 
means  that  the  requirement  as  written  is  deemed  right  for  every 
city  and  should  be  enacted  without  change. 

21 


A    MODEL   HOUSING    LAW 

Too  much  emphasis  cannot  be  placed  upon  adhering  strictly 
to  the  phraseology  and  punctuation  employed  in  the  Model  Law. 
Efforts  should  not  be  made  to  "  improve"  or  "  simplify"  it.  Every 
word,  every  comma  has  been  weighed  and  has  its  exact  and  definite 
meaning.  Many  of  the  provisions  have  stood  the  test  of  many 
years'  enforcement  and  interpretation. 

Following  each  section  of  the  Model  Law  will  be  found 
copious  notes  and  illustrative  diagrams.  While  it  is  true  that  there 
are  few  sections  of  the  law  to  which  such  notes  are  not  appended, 
yet  the  plan  has  been  to  make  no  unnecessary  comment  but  only 
to  discuss  those  points  which  experience  has  shown  are  likely  to 
give  rise  to  difficulty  and  concerning  which  those  using  the  law 
should  be  fully  informed.  The  notes  are  in  the  form  of  a  running 
commentary  on  each  section,  pointing  out  where  there  is  any  doubt 
the  reasons  which  have  caused  its  enactment  and  what  is  intended 
to  be  accomplished  by  it;  also  calling  attention  to  ways  in  which 
its  meaning  may  be  misinterpreted  and  explaining  wherever 
necessary  to  the  lay  mind  all  technical  points  involved. 

Similarly,  the  illustrative  diagrams  which  accompany  the 
text  are  employed  where  it  is  felt  that  without  them  what  is  in- 
tended will  not  otherwise  be  plain,  especially  to  persons  not 
familiar  with  the  technical  aspects  of  the  problems  involved. 
These  diagrams  will  be  more  useful  to  the  layman  than  to  the 
architect  or  builder,  but  will  it  is  hoped  prove  useful  even  to  them. 

To  persons  especially  familiar  with  the  technical  details  of 
housing  laws  many  of  these  notes  may  seem  superfluous,  but  it 
should  be  remembered  that  the  Model  Law  will  necessarily  be 
used  by  many  persons  who  do  not  have  this  technical  equipment. 

In  addition  to  these  explanatory  notes  it  has  been  thought 
wise  to  build  "a  flight  of  steps"  both  up  and  down  from  each  of 
the  more  important  sections.  In  other  words,  while  each  section 
of  the  Model  Law  represents  the  best  consensus  of  opinion  as  to 
what  it  is  desirable  and  practicable  to  adopt,  it  is  recognized  that 
it  will  not  always  be  possible  for  each  city  to  enact  every  provision 
as  written  in  the  law.  Concessions  will  necessarily  have  to  be 
made  to  meet  the  views  of  various  persons  in  each  community, 
.and  it  is  important,  therefore,  for  the  housing  reformer  who  is 
working  for  this  result  to  know  where  he  may  safely  make  conces- 

22 


HOW   TO    USE    THE    MODEL    LAW 

sions  and  how  far  it  is  wise  to  go.  In  order  to  aid  him  to  the 
greatest  possible  extent  a  flight  of  steps  has  been  built  leading 
down  from  each  section.  In  other  words,  where  concessions  can 
be  made  a  series  of  "Concessions"  is  indicated  after  the  explana- 
tory notes,  and  the  exact  phraseology  of  each  concession  is  given. 

On  the  other  hand,  it  is  also  recognized  that  in  many  cities 
it  may  be  possible  to  adopt  higher  standards  than  those  established 
in  the  Model  Law.  There  are  many  sections  in  which  undoubtedly 
it  would  be  wise  if  higher  standards  could  be  adopted.  A  flight  of 
steps  upward  has  therefore  similarly  been  erected  from  each  section 
and  a  series  of  "Variations"  appended  to  those  sections  where  it 
is  believed  that  higher  standards  can  be  adopted.  Here,  too,  the 
exact  form  of  each  variation  is  given  in  precise  terms  so  as  to  aid 
those  using  the  law  to  the  greatest  degree. 

Equipped  in  this  way,  thus  prepared  to  make  the  law  stronger 
or  weaker  as  may  be  necessary  in  each  locality,  it  is  believed  that 
the  housing  reformer  will  be  furnished  with  a  complete  armory  of 
weapons  with  which  to  wage  his  fight. 

Recognizing  that  there  may  be  communities  in  which  it  is 
the  part  of  wisdom  to  confine  one's  efforts  to  the  securing  of  a 
tenement  house  law  and  not  attempt  to  get  a  housing  law,  the 
reader  will  find  in  Chapter  VII  a  Model  Tenement  House  Law,  so 
that  if  a  decision  is  reached  to  limit  the  legislation  to  multiple 
dwellings  of  this  class,  the  housing  reformer  will  find  there  in 
precise  form  all  those  changes  in  the  housing  law  which  it  will  be 
necessary  to  make  to  have  it  become  a  tenement  house  law. 

This  book  would  not  be  complete  without  a  consideration, 
also,  of  what  may  be  termed  an  Ideal  Housing  Law  so  far  as  light 
and  ventilation  are  concerned.  The  author  has  no  illusions  on 
this  subject  and  does  not  believe  that  it  will  be  practicable  to 
secure  in  America,  with  our  constitutional  limitations,  a  law  of  this 
kind,  but  feels  it  only  appropriate  to  include  in  this  book  a  sugges- 
tion indicating  the  direction  in  which  an  ideal  housing  law  is  to  be 
sought. 

A  word  of  caution  to  those  using  the  Model  Housing  Law. 

There  is  a  subtle  temptation  in  the  form  of  local  pride  which 
sometimes  makes  a  group  of  housing  reformers  desire  to  have  the 
law  they  draft  seem  more  essentially  their  own.  A  distaste  for 

23 


A    MODEL   HOUSING    LAW 

"copying"  and  an  exaggerated  desire  for  individual  expression 
lead  them  to  change  for  the  sake  of  changing,  to  fix  other  standards 
because  they  are  theirs. 

The  result  of  this  course  has  generally  proved  to  be  disastrous. 
The  profitable  course  to  pursue  is  the  direct  reverse.  Every  person 
who  is  using  the  Model  Law  as  the  basis  of  his  legislation  should 
approach  it  with  the  idea  in  mind  that  as  few  changes  as  possible 
should  be  made,  and  only  those  for  which  affirmative  evidence 
can  be  presented. 

The  burden  of  proof  is  on  him  for  every  change  or  departure 
made  from  the  standards  therein  established.  His  conception  of 
his  work  should  be  to  try  and  have  the  Model  Law  enacted  in  his 
community  with  the  fewest  possible  changes,  and  no  change  should 
be  made  for  which  there  are  not  strong  and  cogent  reasons. 


IV 

A  MODEL  HOUSING 
LAW 


AN  ACT1 

In  relation  to  the  housing  of  the  people  in  cities 
of  the  FIRST  class.2-3 

NOTE  i  :  The  title  is  purposely  made  broad  and  em-  Explana- 
phasis  placed  on  the  human  or  social  purposes  of  the 
act  thus  strengthening  it  as  an  exercise  of  police  power. 
This  is  wiser  than  to  make  it  "an  act  in  relation  to  the 
construction,  alteration  and  use  of  buildings/'  with 
emphasis  on  buildings  rather  than  on  people. 

NOTE  2:  If  local  conditions  permit  and  it  is  feasible 
to  have  the  act  apply  to  all  cities  of  the  state  rather 
than  to  a  few,  it  is  of  course  better  to  give  it  this  wider 
application.  In  some  states  this  is  necessary  under 
the  constitution.  In  such  case  care  must  be  taken 
to  provide  adequate  machinery  for  the  enforcement 
of  the  act;  this  often  does  not  exist.  (See  section  153.) 
If  this  change  is  desired  the  following  variation  is  sug- 
gested : 

VARIATION  i  :   "An  act  in  relation  to  the  housing  of  the  Variation 
people  IN  CITIES/' 


NOTE  3:  The  ideal  condition  is  to  have  a  housing 
law  apply  to  all  classes  of  buildings  used  as  the  resi- 
dence  of  human  beings,  whether  located  in  the  coun- 
try or  in  the  city.  Recent  investigations  show  that 
conditions  exist  in  many  villages  and  on  the  prairies 
that  are  as  bad  in  some  respects  as  those  to  be  found 
in  the  slums  of  large  cities.  A  dark  room  is  equally 
bad  everywhere.  If  the  law  is  given  this  wider  ap- 
plication, great  care  must  be  taken  to  see  that  all 
its  provisions  appropriately  apply  to  the  simpler  con- 
ditions which  prevail  in  rural,  semi-rural  and  sub- 
urban communities.  For  example,  the  requirement 
of  section  45  for  water-closets  would  be  inappro- 
priate in  the  country  where  there  is  no  communal  water 
supply.  Similarly,  in  rural  districts  the  provisions 
of  sections  99  and  100  relative  to  cisterns,  wells  and 
27 


ana. 


Variation 


Explana- 
tion 


A    MODEL   HOUSING    LAW  §  I 

catch-basins  are  essential,  but  they  are  not  appro- 
priate for  cities.  The  greatest  difficulty  in  giving  the 
law  such  general  application  is  the  lack  of  means  of 
enforcing  it  in  sparsely  settled  communities,  and  the 
cost  of  any  system  of  inspection  that  will  insure  the 
maintenance  of  sanitary  conditions.  If  this  change 
is  desired  the  following  variation  is  suggested : 

VARIATION  2:  "An  act  in  relation  to  the  housing  OF 
THE  PEOPLE/' 

//  is  Advised:  To  have  the  act  apply  at  first  to  the  larger 
cities,  then  after  it  has  been  tried  out  and  put  into  suc- 
cessful operation  for  two  or  three  years,  to  extend  its  ap- 
plication to  the  smaller  cities,  and  later  to  all  parts  of  the 
state. 

The  People  of  the  State  of , 

represented  in  Senate  and  Assembly,  do  enact  as  follows: 

NOTE:  The  enacting  clause  will  vary  in  different 
states;  it  should  be  made  to  conform  strictly  to  the 
form  locally  in  use. 


Explana- 
tion 


ARTICLE  I 
GENERAL  PROVISIONS 

SECTION  i.  SHORT  TITLE  AND  APPLICATION.1  This  act 
shall  be  known  as  the  housing  law  for  FIRST  class  cities 
and  shall  apply  to  the  FIRST  class  cities  of  the  state.2 

NOTE  i :  The  purpose  of  this  provision  is  to  make  it 
easy  to  cite  the  act  in  subsequent  statutes  and  legal 
proceedings  without  the  necessity  of  repeating  each 
time  a  long  title  with  the  chapter  number  of  the  act 
and  the  various  amendatory  acts.  In  some  states 
this  method  of  citation  is  not  permitted.  The  ques- 
tion of  the  scope  or  application  of  the  act  has  already 
been  fully  discussed  under  the  Title. 

NOTE  2:  If  either  of  the  variations  discussed  under 
28 


§  2  GENERAL    PROVISIONS 

the  Title  is  adopted,  that  one  of  the  following  varia- 
tions which  corresponds  will  also  have  to  be  adopted. 

VARIATION  i:    "This  act  shall  be  known  as  the  City  Variation 
Housing  Law  and  shall  apply  to  all  cities  in  the  state." 

NOTE  2:  Fully  discussed  under  "Title,"  note  2. 

VARIATION  2:  "This  act  shall  be  known  as  the  Housing 
Law  and  shall  apply  to  all  cities,  towns  and  villages." 

NOTE  3:    Discussed  under  "Title,"  note  3. 

§  2.  DEFINITIONS.1  Certain  words  in  this  act  are  de- 
fined for  the  purposes2  thereof  as  follows.  Words  used  in 
the  present  tense  include  the  future;  words  in  the  mascu- 
line gender  include  the  feminine  and  neuter;  the  singular 
number  includes  the  plural  and  the  plural  the  singular; 
the  word  "person"  includes  a  corporation  as  well  as  a 
natural  person. 

NOTE  i :  There  is  danger  in  definitions.  One  must  £x  j 
be  closely  on  one's  guard.  The  tendency  of  the  un-  ..  £  ' 
initiated  is  to  try  to  define  everything.  This  is  both 
unnecessary  and  unwise.  We  are  not  writing  a  dic- 
tionary but  a  law.  Every  definition  is  a  source  of  po- 
tential danger.  If  not  skilfully  or  carefully  drawn 
it  may  defeat  the  entire  purpose  of  the  act.  It  may 
not  only  fail  to  include  all  cases  that  should  be  in- 
cluded, but  it  is  more  likely  to  err  in  permitting  eva- 
sion of  the  law  on  technicalities,  through  lack  of  pre- 
cision. The  result  is  disastrous  in  either  case.  No 
definition  should  be  included  that  is  not  absolutely 
necessary  nor  any  term  defined  that  is  not  used  in  the 
act.  Where  words  have  a  commonly  accepted  mean- 
ing, and  it  is  not  desired  to  change  that  meaning,  they 
should  not  be  defined.  It  is  sometimes  safer  to  leave 
some  things  undefined,  as  it  affords  greater  oppor- 
tunity for  successful  argument  in  support  of  the  act 
in  subsequent  litigation.  It  is  neither  necessary  nor 
desirable  to  define  such  words  as  "apartment," 
"story,"  "building,"  "street,"  "alley,"  "lot,"  and 
so  forth.  It  will  be  found  that  all  definitions  neces- 
29 


A    MODEL   HOUSING    LAW  §2  (l,  2) 

sary  to  a  proper  housing  law  have  been  included. 
None  can  be  added  without  danger. 

NOTE  2:  The  phrase  "for  the  purposes  thereof" 
is  of  importance;  otherwise  the  act  will  have  a  wider 
effect  than  is  intended.  To  impose  the  limitations  of 
these  definitions  upon  the  operation  of  other  statutes 
would  of  course  be  unwise.  For  example,  in  New 
York  state,  the  housing  law  defines  a  hotel  as  one 
having  at  least  50  sleeping  rooms,  whereas  the  excise 
law  requires  but  10  sleeping  rooms.  Under  the  excise 
law  hotels  with  10  rooms  are  given  certain  privileges 
as  to  the  sale  of  liquor;  these  would  be  taken  away 
from  every  hotel  that  did  not  have  50  rooms,  were  not 
the  definition  in  the  housing  law  limited  to  "for  the 
purposes  of  this  act." 

§2  (i)  DWELLING.  A  "dwelling"  is  any  house  or 
building  or  portion  thereof  which  is  occupied  in  whole  or 
in  part  as  the  home,  residence  or  sleeping  place  of  one  or 
more  human  beings,  either  permanently  or  transiently. 

Explana-  NOTE:  This  is  a  housing  law;  that  is,  it  deals  with 

buildings  in  which  people  live.  It  does  not  attempt 
to  deal  with  places  where  people  only  work  or  assemble. 
It  might  very  well  be  called  a  dwelling  house  law. 
Its  provisions  therefore  relate  to  all  dwellings,  though 
some  relate  only  to  certain  kinds  of  dwellings.  The 
definition  of  dwelling  is  made  as  all-inclusive  as  pos- 
sible. The  determining  factor  is  the  sleeping  place 
of  the  individual.  As  the  act  applies  to  all  dwellings 
and  includes  the  mansion  of  the  millionaire  and  the 
modern  high-class  hotel  as  well  as  the  cottage  and 
tenement  of  the  humble  wage-earner,  it  must  be 
drawn  with  the  greatest  care.  Herein  lies  the  great- 
est point  of  difficulty  in  the  whole  subject.  Pro- 
visions which  are  at  once  admitted  to  be  necessary 
for  the  protection  of  the  poor  tenement  dweller,  are 
resented  by  the  rich  or  well-to-do  member  of  the  com- 
munity, who  thinks  no  law  is  necessary  for  him,  and 
is  often  unable  to  see  that  in  order  that  the  community 
may  be  protected,  laws  must  be  general  in  their  ap- 
plication, and  that  occasionally  the  individual  must 
of  necessity  be  restricted  in  greater  or  less  degree. 

§  2  (2)  CLASSES  OF  DWELLINGS.*     For  the  purposes  of 

30 


§  2  (2)  GENERAL    PROVISIONS 

this  act  dwellings  are  divided  into  the  following  classes: 
(a)  "private-dwellings,"  (b)  "two-family-dwellings/'  and 
(c)  "  multiple-dwellings  "  :2 

(a)  A  "private-dwelling"  is  a  dwelling  occupied  by  but 
one  family  alone.3 

(b)  A   "two-family-dwelling"   is    a  dwelling  occupied 
by  but  two  families  alone.3 

(c)  A   "multiple-dwelling"2'4    is    a    dwelling  occupied 
otherwise  than  as  a  private-dwelling  or  two-family-dwell- 
ing. 

NOTE  i :  The  whole  scheme  of  the  law  is  to  be 
found  in  the  plan  of  classification  herein  embodied. 
Especial  care  has  been  taken  to  differentiate  the  three 
classes,  private  dwellings,  two-family  houses,  and 
multiple  dwellings  of  various  kinds,  thus  permitting 
differentiation  in  the  provisions  relative  to  each  class. 
That  such  differentiation  is  necessary  is  obvious. 
Provisions  necessary  for  safety  in  large  tenement 
houses  or  in  tall  hotels  are  not  so  necessary  in  small 
two-story  private  dwellings.  Practically  all  of  the 
provisions  of  the  act  with  reference  to  fire  protection 
will  be  found  to  apply  only  to  multiple  dwellings 
(sections  51  to  62  inclusive).  Similarly,  other  pro- 
visions proper  for  the  maintenance  of  tenement 
houses  are  not  so  necessary  in  private  dwellings. 
(See  sections  90  and  91.)  Many  of  the  provisions 
of  the  act  apply  to  all  classes  of  dwellings;  some  apply 
only  to  multiple  dwellings  and  a  few  only  to  one  class 
of  multiple  dwelling.  By  means  of  this  plan  of  classi- 
fication it  is  possible  to  encourage  the  construction  of 
private  dwellings  and  two-family  houses  and  to  dis- 
courage the  erection  of  tenement  houses  and  other 
forms  of  multiple  dwellings  by  making  the  provisions 
relative  to  the  latter  more  stringent  than  those  af- 
fecting the  former  classes.  We  are,  moreover,  on 
safe  ground  from  a  legal  point  of  view  in  adopting  this 
method  of  restriction,  whereas  we  should  not  be  if, 
for  example,  we  attempted  a  definite  prohibition 
against  the  erection  of  tenement  houses.  To  impose 
more  stringent  requirements,  in  case  of  fire  for  in- 
stance, on  tenement  houses  occupied  by  many  fam- 
ilies than  on  private  dwellings,  would  unquestionably 
be  maintained  by  the  courts  as  a  reasonable  discrim- 


A   MODEL   HOUSING    LAW  §  2  (3) 

ination.  The  effect  of  these  more  stringent  require- 
ments in  increasing  the  cost  of  construction  may, 
however,  so  discourage  the  construction  of  buildings 
of  this  kind  as  to  practically  stop  their  erection. 

NOTE  2 :  A  great  advantage  of  this  scheme  of  clas- 
sification is  that  it  removes  any  stigma  that  may 
seem  to  attach  to  the  word  "tenement  house/'  Be- 
cause of  the  prevailing  conception  of  such  buildings, 
resulting  from  the  use  of  the  term  in  its  popular 
rather  than  its  legal  meaning,  there  is  often  great 
objection  on  the  part  of  owners  and  occupants  of 
high-class  apartment  houses  or  costly  mansions  to 
have  to  comply  with  the  terms  of  a  "  tenement  house 
law";  when  there  would  be  little  or  no  objection  to 
compliance  with  a  "housing  law"  which  affects  all 
buildings  used  for  residence  purposes. 

NOTE  3:  The  word  "alone"  in  (a)  and  (b)  while 
seemingly  unnecessary  is  essential.  It  will  not  do 
to  let  a  small  boarding  house  "occupied  by  but  one 
family" — and  several  non-related  individuals,  as 
boarders — be  classed  as  a  private  dwelling  and  thus 
escape  the  provisions  of  the  act  relative  to  multiple 
dwellings. 

NOTE  4:  It  should  be  observed  that  no  kind  of 
dwelling  can  escape  regulation  under  the  act.  For 
every  dwelling  that  is  not  either  a  private  dwelling 
(a)  or  a  two-family  dwelling  (b)  becomes  under  the 
act  a  multiple  dwelling.  Multiple  dwellings  are  "all 
others." 

§  2  (3)  CLASSES  OF  MULTIPLE-DWELLINGS. l  All  mul- 
tiple-dwellings are  dwellings2  and  for  the  purposes  of  this 
act  are  divided  into  two  classes,  viz.  Class  A  and  Class  B : 

Class  A.  Multiple-dwellings  of  Class  A  are  dwellings 
which  are  occupied  more  or  less  permanently  for  residence 
purposes  by  several  families  and  in  which  the  rooms  are 
occupied  in  apartments,  suites  or  groups.  This  class  in- 
cludes tenement  houses,3  flats,  apartment  houses,  apart- 
ment hotels,  bachelor  apartments,  studio  apartments, 
duplex  apartments,  kitchenette  apartments,  and  all  other 
dwellings  similarly  occupied  whether  specifically  enumer- 
ated herein  or  not.4 

Class  B.  Multiple-dwellings  of  Class  B  are  dwellings 

32 


§  2   (3)  GENERAL    PROVISIONS 

which  are  occupied,  as  a  rule  transiently,  as  the  more  or 
less  temporary  abiding  place  of  individuals  who  are  lodged, 
with  or  without  meals,  and  in  which  as  a  rule  the  rooms 
are  occupied  singly.  .This  class  includes  hotels,  lodging 
houses,  boarding  houses,  furnished-room  houses,  lodgings, 
club  houses,  convents,  asylums,  hospitals,  jails,  and  all 
other  dwellings  similarly  occupied  whether  specifically 
enumerated  herein  or  not. 

NOTE  i :  Multiple  dwellings  are  divided  into  two  Explana- 
broad  classes;  those  which  are  used  by  families  or 
groups  of  persons  permanently  as  their  home  or  place 
of  residence,  and  those  which  are  used  more  or  less 
transiently  by  single  individuals.  The  first  class  in- 
cludes tenement  houses,  flats,  apartment  houses  and 
similar  types  of  buildings;  the  second  class  includes 
hotels,  lodging  houses,  boarding  houses  and  similar 
buildings.  Some  provisions  of  the  act  apply  to  one 
of  these  classes,  other  provisions  to  the  other,  while 
many  provisions  apply  to  both.  Such  differentiation 
is  obviously  necessary.  To  illustrate:  in  a  tenement 
house  it  is  appropriate  to  require  each  fire-escape  bal- 
cony or  other  means  of  egress  to  open  directly  from 
each  apartment,  suite,  or  group  of  rooms;  in  the 
case  of  a  hotel  such  a  provision  would  be  "  impossible." 

NOTE  2:  While  it  is  repetition  to  say  "all  multiple 
dwellings  are  dwellings"  inasmuch  as  a  multiple 
dwelling  has  been  defined  in  subdivision  (2)  (c)  as  "a 
dwelling,"  still  it  is  wise  to  repeat  it  here  so  that  there 
4g  can  be  no  question  in  the  minds  of  the  enforcing  officials 
or  of  the  courts  that  multiple  dwellings  must  comply 
with  the  provisions  of  the  act  relative  to  dwellings. 

NOTE  3:  It  is  to  be  noted  that  the  enumeration 
of  the  various  kinds  of  multiple  dwellings  in  Class  A 
and  Class  B  is  in  no  way  essential  to  the  definition. 
The  definition  is  complete  without  it.  It  is  included 
solely  to  guide  the  enforcing  officials  and  to  illustrate 
to  them  and  to  the  public  what  is  meant.  This  enu- 
meration will  also  aid  those  who  draft  the  law  by  en- 
abling them  to  consider  whether  each  provision  that 
applies  to  dwellings  and  to  multiple  dwellings  can 
be  properly  applied  to  each  of  the  kinds  of  buildings 
herein  mentioned. 

NOTE  4:  The  phrase  "and  all  other  dwellings  simi- 

$  33 


A    MODEL    HOUSING    LAW  §2   (4),   (5) 

larly  occupied  whether  specifically  enumerated  herein 
or  not,"  is  essential.  All  enumerations  in  statutes 
are  dangerous  unless  safeguarded  in  this  way  by  some 
general  "drag-net"  clause,  as  it  may  easily  happen 
that  there  are  other  kinds  of  multiple  dwelling  than 
those  stated  which  may  have  been  forgotten  at  the 
time  of  drawing  the  act,  to  say  nothing  of  those  which 
may  come  into  existence  subsequently. 

§2  (4)  HOTEL.  A  "hotel"  is  a  multiple-dwelling  of 
Class  B  in  which  persons  are  lodged  for  hire  and  in  which 
there  are  more  than  fifty  sleeping  rooms,  a  public  dining 
room  for  the  accommodation  of  at  least  fifty  guests,  and  a 
general  kitchen. 

NOTE:   This  definition  is  made  necessary  by  the 

,.  .  ,,  ,  ,     ,,  i     * 

fact  that  hotels  may  be  exempted  from  certain 
provisions  of  the  act.  (See  sections  21  and  71 .)  The 
exemptions  in  question  are  advisable,  if  at  all,  only 
in  the  case  of  the  tall  modern  hotel  with  accommoda- 
tions for  many  guests,  generally  several  hundred.  It 
is  to  prevent  these  exemptions  from  applying  to  other 
kinds  of  building  that  this  definition  becomes  neces- 
sary. Without  it,  the  exemptions  would  apply  to 
any  building  known  as  a  hotel  under  any  law,  or  even 
to  a  building  popularly  so  known;  now  they  will  ap- 
ply only  to  such  buildings  as  are  covered  by  this  defi- 
nition. 

§  2  (5)  FAMILY.  A  "family"  is  a  group  of  persons  liv- 
ing together,  whether  related  to  each  other  by  birth  or  not, 
and  may  consist  of  one  or  more  persons. 

y,     i  NOTE:   This  definition  is  only  for  the  purposes  of 

:rxp  this  act.     It  is  made  necessary  because  otherwise, 

two  brothers  living  together,  or  two  friends,  or  mother 
and  daughter,  or  a  father  alone  though  keeping 
house  in  an  apartment  of  eight  or  nine  rooms,  might 
not  constitute  a  "family,"  in  the  eyes  of  the  court. 

At  first  blush  it  seems  rather  strange  that  one  person 
should  constitute  "a  family,"  but  this  is  necessary 
from  a  legal  point  of  view.  The  term  "family"  as 
employed  in  this  law  really  means  domicile;  this 
latter  term  might  be  used  in  place  of  family  were  it 

34 


§  2  (6),  (7)  GENERAL    PROVISIONS 

not  for  the  uncertainty  with  which  it  might  be  re- 
garded legally,  not  having  been  subject  to  construc- 
tion to  any  great  extent.  It  will  be  seen,  therefore, 
that  under  this  definition  a  family  means  any  sepa- 
rate domicile  in  a  house,  whether  one  person  lives 
there  or  several,  and  whether  those  several  people 
are  related  by  birth  or  not. 

§  2  (6)  MIXED  OCCUPANCY.  In  cases  of  mixed  oc- 
cupancy where  a  building  is  occupied  in  part  as  a  dwelling 
the  part  so  occupied  shall  be  deemed  a  dwelling  for  the 
purposes  of  this  act  and  shall  comply  with  the  provisions 
thereof  relative  to  dwellings. 

NOTE:   Without  this  provision,  we  might  have  the  ^x  j 
anomalous  situation  of  an  office  building  or  public  t-  * 
school    building   being   brought   under   the   require- 
ments of  the  act  because  the  janitor  and  his  family 
live  there, 'and  thus  the  building  is  "occupied      .     . 
in  part  as  the  home      *     *     *     *    of  one  or  more 
human  beings."     It  is  obvious  that  the  provisions  of 
this  law  which  relate  to  dwellings  should  not  apply  to 
a  building  occupied  chiefly  as  an  office  building,  or 
public  school,  but  should  apply  only  to  the  parts  of 
such  buildings  which  are  used  for  dwelling  purposes. 

§  2  (7)  YARDS.  A  "rear  yard"  is  an  open  unoccupied 
space  on  the  same  lot1  with  a  dwelling,  between  the  ex- 
treme rear  line  of  the  lot  and  the  extreme  rear  line  of  the 
house.2  A  yard  between  the  front  line  of  the  house  and 
the  front  line  of  the  lot  is  a  "front  yard."3  A  yard  be- 
tween the  side  line  of  the  house  and  the  side  line  of  the 
lot  and  which  extends  from  the  front  line  or  front  yard 
to  the  rear  line  of  the  lot  or  to  the  rear  yard  is  a  "side 
yard."4 

NOTE  i :  The  words  "on  the  same  lot"  are  impor- 
tant.  In  many  communities  it  has  become  the  cus- 
tom  to  build  buildings  close  to  the  side  and  rear  lot 
lines,  sometimes  on  the  line,  having  the  rooms  on  that 
side  or  end  of  the  house  secure  their  sole  light  and  ven- 
tilation from  windows  opening  on  the  adjoining  prem- 
ises which  have  been  left  unbuilt  upon  at  these  points. 

35 


A    MODEL    HOUSING    LAW 


2(7) 


This  is  not  safe.  When  the  adjoining  premises  are 
later  built  upon,  as  they  are  sure  to  be  ultimately, 
the  light  and  air  are  then  shut  off,  with  the  result  that 
a  number  of  dark  or  semi-dark  rooms  are  created. 
It  is  impossible  then  to  remedy  the  conditions  ade- 
quately. The  evils  of  "  borrowed  light"  are  too  great 
to  be  safely  permitted.  Nor  is  it  fair  to  permit  one 
man  to  use  another  man's  land  for  such  purposes. 
The  only  safe  and  proper  way  is  to  require  each  person 
to  leave  proper  open  spaces  on  his  own  lot  for  the  ade- 
quate lighting  and  ventilation  of  his  own  building. 

NOTE  2:  The  phrase  "between  the  extreme  rear 
line  of  the  lot  and  the  extreme  rear  line  of  the  house" 
is  necessary  for  two  reasons.  One  of  these  is  the  con- 


FIGURE  i 


siderable  number  of  irregular-shaped  lots  with  rear 
boundary  lines  running  at  an  angle  as  shown  in 
Figure  i. 

Without  this  phrase,  the  plan  of  leaving  a  clear 
open  space  at  the  rear  of  each  building  of  a  certain 
minimum  size  would  be  defeated.  Let  us  assume, 
for  instance,  that  the  yard  required  to  be  left  by  law 
is  30  feet;  if  this  phrase  were  not  included,  the 
yard  could  be  left  as  shown  in  the  right-hand  dia- 
gram, instead  of  the  full  amount  intended,  as  illus- 
trated by  the  left-hand  diagram.  It  is  at  once  seen 
that  in  the  first  instance  a  very  inadequate  yard 
might  result;  namely,  a  yard  only  3  feet  deep  at  one 
point  and  but  1 7  feet  deep  at  another  and  of  varying 
36 


§2(7) 


GENERAL    PROVISIONS 


depths  between,  instead  of  30  feet  deep  at  every 
point. 

Similarly,  without  the  phrase  in  question  the  law 
could  be  easily  evaded  in  the  case  of  lots  of  varying 
depth  as  shown  in  Figure  2. 

What  the  law  intends  to  require,  namely,  a  clear 
space  of  30  feet  at  every  point,  is  shown  by  the  left- 
hand  diagram;  what  could  be  done,  if  no  specific  pro- 
vision made  it  impossible,  is  illustrated  by  the  right- 
hand  diagram.  It  is  at  once  seen  that  it  would  be 
possible  to  have  no  yard  at  all  for  one-half  of  the 
building  with  the  house  at  that  point  built  all  the 
way  up  to  the  lot  line,  thus  creating  dark  rooms  and 


LOT  LINE 


YARD 


FIGURE  2 

defeating  one  of  the  primary  purposes  of  the  act. 
The  dotted  lines  show  what  should  be  left. 

The  second  class  of  cases  which  makes  the  phrase 
under  discussion  of  importance  is  where  the  building 
instead  of  the  lot,  is  of  irregular  depth,  owing  to  the 
construction  of  extensions  or  the  use  of  courts  as 
shown  on  page  38  (Figures  3  and  4). 

Here  the  law  intends  that  the  measurement  of  the 
rear  yard  shall  be  as  shown  in  the  left-hand  diagram. 
Without  the  phrase  "the  extreme  rear  line  of  the 
house, "  it  would  be  possible  to  build  as  shown  in  the 
right-hand  diagram,  thus  defeating  the  primary  pur- 
pose of  this  provision ;  namely,  the  leaving  of  an  ade- 
quate open  space  at  the  rear. 

37 


A    MODEL   HOUSING    LAW 


§2(7) 


Similarly,  where  courts  are  employed  at  the  rear  of 
the  building  there  is  equal  opportunity  for  misunder- 
standing and  evasion,  as  shown  in  Figure  4. 


FIGURE  3 

Here  again  what  the  law  intends  is  shown  in  the 
left-hand  diagram;  what  would  be  possible  in  evading 
the  law,  were  not  this  point  safeguarded,  is  shown  by 
the  right-hand  one.  This  whole  question  assumes  im- 
portance in  connection  with  sections  22,  29  and  72. 


LOT  LINE 


REAR,  LOT  LINE 


FIGURE  4 

NOTE  3:    It  is  necessary  to  define  front  yards,  as 


§  2  (8)  GENERAL    PROVISIONS 

otherwise  they  would  under  the  definition  of  "courts" 
be  treated  as  such  and  be  subject  to  the  requirements 
relative  thereto.  This  would  bring  about  the  ab- 
surd situation  that  a  man  who  wished  to  set  back  his 
house  from  the  street  line  and  leave  a  large  front 
yard,  voluntarily  leaving  more  open  space  than  the 
law  requires,  could  not  under  some  circumstances  do 
so  without  being  unduly  penalized.  (See  section  24.) 
NOTE  4:  "Side  yards"  which  extend  through  from 
the  street  to  the  yard,  if  of  sufficient  width,  are  an  ex- 
cellent feature  and  should  be  encouraged  as  a  much 
better  kind  of  open  space  than  courts.  If  they  do 
not  extend  through,  however,  their  especial  value  is 
lost  and  they  become  courts  and  should  be  treated 
as  such  and  be  required  to  be  of  greater  width. 

§2  (8)  CouRTS.2  A  "court"  is  an  open  unoccupied 
space,  other  than  a  yard,  on  the  same  lot1  with  a  dwelling. 
A  court  not  extending  to  the  street  or  front  or  rear  yard 
is  an  inner  court.  A  court  extending  to  the  street  or  front 
or  rear  yard  is  an  outer  court. 

NOTE  i :    The  comments  under  note  i  on  Yards,  Explana- 
section  2  (7)  apply  equally  here.  l_-on 

NOTE  2:  The  scheme  of  the  law  contemplates  only 
two  kinds  of  open  spaces;  namely,  yards  and  courts. 
Yards  may  be  rear  yards,  side  yards  or  front  yards, 
as  above  defined.  All  other  open  spaces  are  "  courts. " 
Shafts  (small  enclosed  courts)  are  ruled  out.  The 
term  is  one  whose  use  should  be  discouraged.  Courts 
are  essentially  of  two  kinds;  namely,  inner  and  outer. 
In  the  former  the  open  space  is  enclosed  by  walls  on 
all  four  sides  (in  some  cases  on  three  sides  with  the 
lot  line  acting  as  the  fourth,  but  ultimately  to  be 
enclosed);  in  these  courts  all  the  light  must  come 
in  over  the  top  of  the  walls  at  the  roof,  and  all  the  air 
in  the  same  way  unless  other  means  of  circulation  is 
provided.  Outer  courts  have  always  one  end  or  side 
left  open;  namely,  that  adjacent  to  the  rear  yard, 
street  or  front  yard,  and  are  never  enclosed  on  more 
than  three  sides  (sometimes  only  on  two  sides,  with 
the  lot  line  acting  as  the  third  side).  The  light  and 
air  can  therefore  stream  in  through  the  open  side. 
The  following  sketches  show  the  main  types  of  inner 
and  outer  courts.  (Figures  5,  6  and  7.) 

39 


A    MODEL   HOUSING    LAW 


2(8) 


AT   REAR 


YARD 


FIGURE  5 
INNER  COURTS 


FIGURE  6 
OUTER  COURTS  BETWEEN  WINGS 


YARD 


FIGURE  7 
OUTER  COURTS  ON  THE  LOT  LINE 


OUTER.  COURT 
Corn  F  RONT&  RET\R 


YARD 


Oi   Y, 


a 


^ 


40 


§2   (9),   (lO)  GENERAL    PROVISIONS 

§2  (9)  CORNER  AND  INTERIOR  LOTS.  A  "corner  lot" 
is  a  lot  situated  at  the  junction  of  two  or  more  intersecting 
streets.  A  lot  other  than  a  corner  lot  is  an  "interior  lot." 

NOTE:  As  buildings  on  corner  lots  secure  much  EXplana 
more  liberal  treatment  in  the  percentage  of  lot  which  |-jon 
may  be  occupied  and  also  may  have  smaller  yards 
than  those  on  interior  lots,  this  definition  is  necessary. 
Interior  lots  are  "all  others."  In  some  cities  a  third 
type  is  recognized,  namely,  "through  lots,"  or  those 
that  extend  through  from  one  street  to  a  parallel 
street.  These  are  purposely  not  included  here,  as 
this  type  of  construction  is  one  that  should  not  be  per- 
mitted. It  is  not  necessary  in  any  city  except  in  the 
closely  built  up  business  districts  where  it  is  considered 
desirable  to  utilize  every  inch  of  space,  and  where 
frequently  it  becomes  necessary  to  have  a  large  amount 
of  continuous  unbroken  floor  space.  In  residence 
districts  these  conditions  do  not  exist.  This  method 
of  building  should  be  strongly  discouraged  even  for 
business  buildings,  as  it  destroys  any  plan  for  block 
ventilation  and  violates  some  of  the  most  elementary 
principles  of  intelligent  city  planning. 

§  2  (10)  FRONT;  REAR;  AND  DEPTH1  OF  LOT.  The 
front  of  a  lot  is  that  boundary  line  which  borders  on  the 
street.  In  the  case  of  a  corner  lot  the  owner  may  elect  by 
statement  on  his  plans  either  street  boundary  line  as  the 
front.2  The  rear3  of  a  lot  is  the  side  opposite  to  the  front. 
In  the  case  of  a  triangular  or  gore  lot  the  rear  is  the  boun- 
dary line  not  bordering  on  a  street.  The  depth  of  a  lot  is 
the  dimension  measured  from  the  front  of  the  lot  to  the 
extreme  rear  line  of  the  lot.  In  the  case  of  irregular- 
shaped  lots  the  mean  depth  shall  be  taken. 

NOTE  i :  This  definition  would  be  unnecessary 
were  it  not  for  the  triangular-shaped  lots  which  border 
on  three  streets,  in  relation  to  which  the  question  of 
where  the  yard  is  to  be  left  becomes  a  doubtful  one. 
Some  ingenious  architects  and  owners  have  sought 
to  induce  the  public  officials  in  such  cases  to  rule  that 
one  of  the  streets  is  the  "yard,"  thus  permitting  more 
of  the  lot  to  be  occupied.  To  prevent  this  evasion 


A    MODEL    HOUSING    LAW 


§2(10) 


of  the  law  this  definition  is  necessary.     The  following 
diagram  illustrates  the  point  at  issue. 


STREET 


FIGURE  8 


NOTE  2:  It  is  wise  to  be  liberal  in  the  case  of  a 
corner  lot  and  leave  the  owner  free  to  place  his  en- 
trance on  either  street  frontage  which  may  best  suit 
his  purpose,  instead  of  attempting,  as  is  done  in  some 
building  codes,  to  lay  down  the  hard  and  fast  rule 
that  the  narrower  frontage  shall  always  be  the  front. 
There  is  nothing  to  be  gained  by  this  and  it  might 
work  hardship  in  some  cases.  It  should  be  noted 
that  the  entrance  is  not  necessarily  on  the  front; 
it  may  be  on  the  side.  This  is  important,  as  there 
are  often  local  neighborhood  reasons  for  having  the 
entrance  on  one  street  rather  than  another. 

NOTE  3:  In  cases  where  the  end  of  the  building 
faces  the  street,  doubt  has  arisen  as  to  where  the  yard 
should  be  left.  The  definition  clarifies  this  point. 
(See  Figure  9.) 


The  front  is  at  A,  the  rear  at  B.  It  has  been  claimed 
that  the  front  is  at  C,  and  the  rear  at  D  because  the  en- 
trance to  the  house  is  at  C,  and  that  the  yard  should  be 
left  along  the  line  D  D.  Such  a  construction  is  absurd 
and  would  be  prohibitive.  The  definition  makes  such  an 
interpretation  impossible. 


42 


§  2  (l  l),(l2),(l3)     GENERAL    PROVISIONS 
3     EETAEL 


YAR.D 


FRONT 


FIGURE  9 

§  2  (i  i)  PUBLIC  HALL.  A  "public  hall"  is  a  hall,  cor- 
ridor or  passageway  not  within  the  exclusive  control  of 
one  family. 

NOTE:  It  should  be  noted  that  under  this  definition  Explana- 
there  are  no  "public  halls"  in  a  private  dwelling,  and  tion 
that  therefore  the  requirements  of  the  act  relative 
to  public  halls  will  not  apply  to  such  houses.     This 
will  also  be  the  case  in  the  usual  type  of  two-family 
house,  where  separate  hallways  and  entrances  are  pro- 
vided for  each  family. 

§2  (12)  STAIR  HALL.  A  "stair  hall"  is  a  public  hall 
and  includes  the  stairs,  stair  landings  and  those  portions 
of  the  building  through  which  it  is  necessary  to  pass  in 
going  between  the  entrance  floor  and  the  roof. 

NOTE:   It  should  be  noted  that  a  stair  hall  is  by  this  Explana- 
defmition  specifically  declared  to  be  a  public  hall,  and  tjon 
therefore  is  subject  to  the  requirements  of  the  act 
relative  to  public  halls. 

§2  (13)  BASEMENT;  CELLAR;  ATTIC.  l  (a)  A  "base- 
ment" is  a  story  partly  underground  but  having  at  least 
one-half  of  its  height  above  the  curb  level,  and  also  one- 
half  of  its  height  above  the  highest  level  of  the  adjoining 
ground.2  A  basement  shall  be  counted  as  a  story.3 

(b)  A  "cellar"  is  a  story  having  more  than  one-half  of 
its  height  below  the  curb  level,  or  below  the  highest  level 

43 


A    MODEL    HOUSING    LAW  §2   (13) 

of  the  adjoining  ground.2  A  cellar  shall  not  be  counted 
as  a  story  for  purposes  of  height  measurement.3  If  any 
part  of  a  story  is  in  that  part  the  equivalent  of  a  basement 
or  cellar,  the  provisions  of  this  act  relative  to  basements 
and  cellars  shall  apply  to  such  part4  of  said  story. 

(c)  In  the  case  of  private-dwellings  and  two-family- 
dwellings  an  attic,  or  story  in  a  sloping  roof,  if  not  occupied 
for  living  purposes  shall  not  be  counted  as  a  story;  in  the 
case  of  multiple-dwellings  an  attic  shall  be  counted  as  a 
story.6 

Explana-  NOTE  i :   There  is  much  misunderstanding  in  the 

tion  popular  mind  as  to  basements  and  cellars  with  a 

strong  tendency  to  lump  all  underground  rooms  to- 
gether in  one  objectionable  class.  This  is  neither 
fair  nor  wise.  The  two  are  quite  different.  Many 
basement  rooms  are  fit  for  habitation;  few  cellar 
ones  are.  It  should  be  borne  in  mind  that  a  basement 
is  a  story  which  is  in  even  the  slightest  degree  below  the 
ground.  Some  basements  have  their  floors  but  a  step 
or  two  below  the  sidewalk  and  are  practically  the 
equivalent  of  first  floor  rooms;  to  prohibit  the  oc- 
cupancy of  such  rooms  would  obviously  be  unreason- 
able. Wherever  the  line  is  drawn  it  necessarily  is  a 
more  or  less  arbitrary  one,  and  a  good  case  can  be 
made  out,  at  least  on  paper,  against  the  "unreason- 
ableness" of  a  requirement  which  permits  the  oc- 
cupancy of  a  room  whose  ceiling  is  4  feet  6  inches 
above  ground,  and  forbids  the  use  of  an  identical 
room  whose  ceiling  is  but  4  feet  5  inches  above  it. 
This  argument  applies  to  all  cases  where  definite  fixed 
standards  are  established;  the  man  who  falls  just  one 
side  or  the  other  will  seem  to  be  discriminated  against. 
But  these  are  chiefly  arguments  of  the  "enemy"  for 
the  purpose  of  discrediting  the  law.  There  are  no 
real  obstacles  involved.  As  such  standards  apply  to 
future  construction  it  is  quite  easy  for  the  individual 
to  adapt  himself  to  them  without  loss  or  hardship. 
The  standard  here  established  of  half  the  height  of  the 
room  above  ground  is  the  standard  which  has  been  in 
use  for  fifty  years  past.  As  it  has  proved  satisfactory 
in  that  time  and  given  no  trouble  it  is  continued. 

NOTE  2:    The  most  difficult  question  involved  in 
the  definition  of  basement  and  cellar  is  its  adaptation 

44 


2(13) 


GENERAL    PROVISIONS 


to  the  varying  conditions  which  exist  in  hilly  com- 
munities. Here  one  may  have  a  story  that  is  a  cellar 
in  the  front  of  the  building,  and  a  basement,  or  en- 
tirely above  ground,  at  the  rear,  and  vice  versa.  In 
such  cases  it  would  be  unfair  to  prohibit  the  occupancy 
of  rooms  at  the  rear  which  are  entirely  above  ground 
and  meet  all  the  requirements  of  the  law  in  other  re- 
spects. On  the  other  hand,  it  is  not  wise  to  permit 
a  builder  to  have  his  buildings  one  story  higher  in  the 
rear  than  in  the  front  through  the  simple  expedient 
of  excavating  his  land  at  the  back  part  of  his  lot  and 
carrying  his  yards  and  courts  down,  thus  putting 
a  whole  story  of  his  building  below  ground  and  be- 
low the  level  of  neighboring  property.  (See  Figure 
10.)  There  is  no  city  where  underground  living  is 


WALK 


BASEMENT 


CELLAR- 


10 


a  necessity.  It  is  obviously  undesirable.  The  defi- 
nitions have  been  framed  with  the  most  minute  care 
with  these  considerations  in  mind.  It  should  be  noted 
that  in  the  case  of  basements  a  double  condition  is 
imposed  (and  similarly  with  cellars);  namely,  the 
ceiling  must  be  one-half  of  its  height  above  both  the 
curb  in  front  of  the  building  and  also  above  the  highest 
level  of  the  adjoining  ground.  This  takes  care  of  the 
conditions  above  described  and  illustrated  in  Figures 
10  and  ii.  These  show  "sections  through" — not 
plans. 

Figure  10  illustrates  the  case  where  the  land  is 
higher  in  the  front  than  at  the  rear,  either  naturally 
so,  or  because  the  rear  is  excavated.  The  rear  rooms 
in  this  cellar  are  entirely  above  ground  and  are  fit  for 
occupancy.  The  front  ones  are  not.  Figure  1 1  illus- 

45 


A    MODEL    HOUSING    LAW 


2(13) 


trates  the  opposite  case  where  the  land  is  higher 
at  the  rear  than  at  the  front.  Here  the  basement  is 
fit  for  occupancy  in  the  front  part  but  not  in  the  rear. 
If  it  were  not  for  the  double  condition  imposed  by 
the  definition  requiring  the  height  to  be  not  only  above 
the  curb  level  but  also  above  the  highest  level  of  the 
adjoining  ground,  it  would  be  possible  to  have  these 
objectionable  rooms  occupied  in  each  case. 

NOTE  3:  "A  basement  shall  be  counted  as  a  story, 
a  cellar  shall  not  be  so  counted."  This  at  first  sight 
seems  unfair.  Upon  reflection  it  is  found  essential, 
as  otherwise  the  plan  for  restricting  the  height  of  non- 
fireproof  buildings  to  three  stones  could  be  easily 
evaded.  Thus  a  man  could  build  a  three  story  and 
"basement"  building,  making  the  "basement"  floor  a 
few  inches  below  the  entrance  level;  by  this  means  he 


fcbcK  ZSc  EARTH 


FIGURE  n 


could  get  four  full  stories  thus  defeating  the  purpose 
of  the  act  to  keep  non-fireproof  houses  down  to  three 
stories.  (See  section  50.) 

NOTE  4:  The  considerations  which  have  been  set 
forth  so  fully  in  note  2  indicate  the  necessity  of  treat- 
ing the  different  parts  of  a  cellar  or  basement,  or  even 
of  an  upper  story,  separately,  where  there  are  vary- 
ing conditions  of  grade.  (See  Figures  10  and  11.) 
Each  portion  should  be  treated  on  its  merits. 

NOTE  5:  The  above  questions  are  important  in 
connection  with  sections  24,  29,  40,  41 ,  50,  and  94. 

NOTE  6:  Attics  present  some  difficulties.  Where 
they  are  built  there  is  danger  that  at  some  future  time 
they  will  be  lived  in,  and  they  are  as  a  rule  not  fit  for 
living  purposes,  especially  in  multiple  dwellings.  It 
would  be  simpler  to  rule  them  out  but  this  is  not  prac- 
ticable. People  do  not  want  all  houses  to  be  flat- 


§2   (14),   (l5)  GENERAL    PROVISIONS 

roofed  houses,  and  in  private  dwellings  and  two- 
family  houses  the  peaked  roof  is  the  rule  rather  than 
the  exception.  Also  there  is  a  desire  and  need  for  the 
storage  space  thus  afforded.  There  is,  however,  no 
such  necessity  for  attics  in  multiple  dwellings;  the 
arrangement  of  the  building  changes  that.  This  sub- 
ject is  important  in  connection  with  sections  22,  23, 
24  and  50. 

§2  (14)  HEIGHT.  The  "height"  of  a  dwelling  is  the 
perpendicular  distance  measured  in  a  straight  line  from 
the  curb  level  to  the  highest  point  of  the  roof  beams  in  the 
case  of  flat  roofs,  and  to  the  average  of  the  height  of  the 
gable  in  the  case  of  pitched  roofs,  the  measurements  in  all 
cases  to  be  taken  through  the  center  of  the  front  of  the 
house.  Where  a  dwelling  is  situated  on  a  terrace  above 
the  curb  level  such  height  shall  be  measured  from  the  level 
of  the  adjoining  ground.  Where  a  dwelling  is  on  a  corner 
lot  and  there  is  more  than  one  grade  or  level,  the  measure- 
ments shall  be  taken  through  the  center  of  the  front  on  the 
street  having  the  lowest  elevation. 

NOTE  :  Where  there  are  two  grades,  pressure  will  be  ^Xplana_ 
brought  to  bear  to  have  the  measurements  of  height 
taken  from  the  higher  level  rather  than  the  lower,  thus 
permitting  a  higher  building.  In  some  cases,  depend- 
ing on  the  steepness  of  the  grade,  this  might  result  in 
non-fireproof  buildings  three  stories  high  at  one  point 
and  four  or  five  stories  high  throughout  most  of  the 
building,  thus  defeating  the  purpose  of  the  law  to 
keep  non-fireproof  buildings  down  to  three  stories. 
(See  section  50.) 

§2  (15)  CURB  LEVEL.  The  "curb  level"  is  the  level 
of  the  established  curb  in  front  of  the  building  measured 
at  the  center  of  such  front.  Where  no  curb  has  been  es- 
tablished the  health  officer  shall  establish  such  curb  level 
or  its  equivalent  for  the  purposes  of  this  act. 

NOTE:  It  will  not  do  to  let  each  irresponsible 
builder  or  owner  fix  the  curb  at  such  point  as  will  best 
suit  his  purposes;  this  should  be  done  by  some  re- 

47 


A    MODEL    HOUSING    LAW 


§2(16) 


Explana- 
tion 


Concession 


sponsible  public  official.  As  the  curb  level  is  thus 
fixed  only  "for  the  purposes  of  this  act/'  to  enable 
the  enforcing  official  to  determine  measurement  of 
height  and  the  conditions  of  occupancy  of  basement 
rooms,  the  health  officer  is  the  best  person  to  designate 
for  this  purpose.  If  under  the  local  charter  or  other 
law  some  other  official  like  the  city  engineer  is  given 
such  functions,  it  can  do  no  harm  to  let  that  official 
establish  the  curb  level,  if  it  is  so  desired. 

§2  (16)  OCCUPIED  SPACES.  Outside  stairways,  fire 
escapes,  fire  towers,  porches,1  platforms,  balconies,  boiler 
flues  and  other  projections2  shall  be  considered  as  part  of 
the  building  and  not  as  part  of  the  yards  or  courts  or  unoc- 
cupied area. 

NOTE  i :  It  is  hardly  debatable  that  the  minimum 
open  spaces  left  unbuilt  upon  for  light  and  air  should 
be  left  entirely  unoccupied.  A  court  or  yard  filled  up 
with  fire-escapes  will  prove  of  little  value  for  light  and 
ventilation.  Some  difficulties  will  be  encountered, 
however,  in  the  case  of  porches.  In  the  smaller  cities 
the  back  porch  as  well  as  the  front  porch  is  an  insti- 
tution, and  even  the  side  porch  in  the  case  of  the  de- 
tached house  is  much  desired,  especially  in  "double- 
houses."  In  such  cases  it  is  wise  to  permit  these,  but 
safeguarded  as  indicated  in  concession  i .  Add  at  the 
end  of  the  first  sentence  after  "unoccupied  area"  the 
following: 

CONCESSION  i :  "This  provision  shall  not  apply  to  un- 
enclosed outside  porches  not  exceeding  one  story  in  height 
which  do  not  extend  into  the  front  or  rear  yard  a  greater 
distance  than  ten  feet  from  the  front  or  rear  wall  of  the 
building;  nor  to  one  such  porch  which  does  not  extend 
into  the  side  yard  a  greater  distance  than  SIX  feet 
from  the  side  wall  of  the  building  nor  exceed  TWELVE 
feet  in  its  other  horizontal  dimension/' 


Explana- 
tion 


NOTE  2:    Cornices  are  also  troublesome.     Where 

the  house  has  a  peaked  roof  there  is  sure  to  be  an 

overhanging  cornice.     This  will  do  little  harm  at  the 

front  or  rear  but  if  not  safeguarded  will  do  great  harm 

48 


§2   (iy)  GENERAL    PROVISIONS 

in  completely  shutting  light  and  air  out  of  the  side 
yard.  It  is  not  uncommon  to  see  two  overhanging 
cornices  of  adjoining  houses  meeting  over  the  side 
yards  completely  closing  them  in  at  the  top  and  effec- 
tually shutting  out  a  large  part  of  the  light.  The 
limit  of  projection  established  in  concession  2  is  the 
absolute  limit.  Add  at  the  end  of  the  section  the  fol- 
lowing: 

CONCESSION  2:  "Cornices  which  project  into  an  outer  r 

.  ,          ,.  f  ,          .  i      v^onccssion 

court  or  into  a  side  yard  for  a  distance  of  more  than  eigh- 
teen inches,  shall  similarly  be  considered  as  part  of  the 
building.  A  cornice  which  projects  into  an  inner  court  to 
any  extent  shall  be  considered  as  part  of  the  building." 

§2  (17)  FIREPROOF  DWELLING.1  A  "fireproof  dwell- 
ing" is  one  the  walls  of  which  are  constructed  of  brick, 
stone,  cement,  iron  or  other  hard  incombustible  material 
and  in  which  there  are  no  wood  beams  or  lintels  and  in 
which  the  floors,  roofs,  stair  halls  and  public  halls  are  built 
entirely  of  brick,  stone,  cement,  iron  or  other  hard  incom- 
bustible material  and  in  which  no  woodwork  or  other  in- 
flammable material  is  used  in  any  of  the  partitions,  fur- 
rings  or  ceilings..  But  this  definition  shall  not  be  construed 
as  prohibiting  elsewhere  than  in  the  public  halls  the  use  of 
wooden  flooring2  on  top  of  the  fireproof  floors  or  the  use 
of  wooden  sleepers,  nor  as  prohibiting  wooden  handrails 
or  treads  of  hard  wood  not  less  than  two  inches  thick. 

NOTE  i :  This  is  the  standard  definition  of  a  "fire- 
proof  building"  found  in  most  building  codes.  It 
does  not  correspond  to  what  may  be  termed  the  extra- 
fireproof  building,  in  which  it  is  required  that  all 
doors,  windows,  window  frames,  and  trim  shall  be 
of  metal  and  the  use  of  wood  anywhere  is  prohibited. 
Heretofore  this  extra-fireproof  construction  has  not 
been  thought  necessary  except  in  the  case  of  build- 
ings exceeding  150  feet  in  height.  As  this  law  does 
not  contemplate  the  erection  of  any  building  over  100 
feet  in  height,  the  matter  of  extra  safeguards  may 
safely  be  left  to  the  local  building  code. 

NOTE  2:  Under  this  definition  it  should  be  noted 
that  in  "fireproof  dwellings"  ordinary  wooden  floors 

4  49 


A    MODEL   HOUSING    LAW  §  2  (  l8),(  19), (20) 

may  be  used  as  a  carpet  or  finish  on  top  of  a  struc- 
tural floor  of  strictly  fireproof  material;  but  not  in 
the  public  halls,  which  include  the  stair  halls. 

§2  (18)  WOODEN  BUILDING.  A  "wooden  building"  is 
a  building  of  which  the  exterior  walls  or  a  portion  there- 
of are  of  wood.  Court  walls  are  exterior  walls. 

§2  (19)  NUISANCE.  The  word  "nuisance"  shall  be 
held  to  embrace  public  nuisance  as  known  at  common  law 
or  in  equity  jurisprudence;  and  whatever  is  dangerous  to 
human  life  or  detrimental  to  health;  whatever  dwelling 
is  overcrowded  with  occupants  or  is  not  provided  with  ade- 
quate ingress  and  egress  to  or  from  the  same,  or  is  not  suf- 
ficiently supported,  ventilated,  sewered,  drained,  cleaned 
or  lighted,  in  reference  to  its  intended  or  actual  use;  and 
whatever  renders  the  air  or  human  food  or  drink  unwhole- 
some, are  also  severally,  in  contemplation  of  this  act, 
nuisances;  and  all  such  nuisances  are  hereby  declared  il- 
legal. 

Explana-  NOTE  :  The  common  law  right  of  every  community 

to  abate  nuisances  exists  from  time  immemorial.  The 
broadening  of  the  definition  as  herein  indicated, 
therefore,  greatly  increases  the  powers  of  the  local 
officials  and  may  prove  a  very  valuable  weapon  if 
other  powers  granted  under  this  act  should  be  lost 
through  the  successful  action  of  hostile  interests. 
(See  sections  112,  113.) 

§2  (20)  CONSTRUCTION  OF  CERTAIN  WORDS. l  The  word 
"shall"2  is  always  mandatory  and  not  directory,  and  de- 
notes that  the  dwelling  shall  be  maintained3  in  all  respects 
according  to  the  mandate  as  long  as  it  continues  to  be  a 
dwelling.  Wherever  the  words  "charter,"  "ordinances," 
"regulations,"  "superintendent  of  buildings,"  "health 
department,"  "health  officer,"  "department  charged 
with  the  enforcement  of  this  act,"  "commissioner  of  pub- 
lic safety,"  "corporation  counsel,"  "mayor,"  "city 
treasury,"  or  "fire  limits"  occur  in  this  act  they  shall  be 
construed  as  if  followed  by  the  words  "of  the  city  in  which 

50 


§  2  (2O)  GENERAL    PROVISIONS 

the  dwelling  is  situated.  "4  "  Superintendent  of  buildings "5 
means  that  public  official  charged  with  the  enforcement 
of  the  laws  in  relation  to  the  construction  of  buildings. 
Wherever  the  words  "occupied"  or  "used"6  are  employed 
in  this  act  such  words  shall  be  construed  as  if  followed  by 
the  words  "or  is  intended,  arranged,  designed,  built,  al- 
tered, converted  to,  rented,  leased,  let  or  hired  out,  to 
be  occupied  or  used."  Wherever  the  words  "dwelling," 
"two-family-dwelling,"  "multiple-dwelling,"  "building," 
"house,"  "premises,"  or  "lot"  are  used  in  this  act,  they 
shall  be  construed  as  if  followed  by  the  words,  "or 
any  part  thereof."7  Wherever  the  word  "street"  is  used 
in  this  act  it  shall  be  construed  as  including  any  public 
alley8  SIXTEEN  feet  or  more  in  width.  "Approved  fire- 
proof material"  means  approved  by  the  superintendent 
of  buildings. 

NOTE  i :  The  purpose  of  this  section  is  to  simplify  ^xplana. 
the  language  of  the  act  wherever  possible  and  avoid 
the  necessity  of  constantly  repeating  a  mass  of  verbi- 
age in  order  to  insure  precision  and  prevent  evasion 
of  the  law.  What  is  done  here  enables  us  to  "clear 
the  decks"  generally. 

NOTE  2:  In  some  cases  the  word  "shall"  has  been 
held  by  the  courts  to  mean  "may."  The  effect  of 
such  a  construction  is  to  make  vitally  important  sec- 
tions of  the  law  which  should  be  mandatory  and 
should  be  enforced  in  all  cases,  enforcible  only  in  the 
discretion  of  the  enforcing  officials.  This  defeats  the 
purposes  of  the  act  and  encourages  graft  and  favor- 
itism. For  further  discussion  of  the  abuse  of  dis- 
cretionary power  see  Housing  Reform,  pages  90-94.* 

NOTE  3:  The  phrase  "the  dwelling  shall  be  main- 
tained in  all  respects  according  to  the  mandate  as 
long  as  it  continues  to  be  a  dwelling"  has  the  effect 
of  preventing  the  subsequent  alteration  of  the  build- 
ing otherwise  than  in  accordance  with  the  law. 

NOTE  4:  If  the  application  of  the  act  is  limited  to 
one  city,  this  sentence  should  be  omitted. 

NOTE  y.   In  some  cities  there  is  no  superintendent 

*  Housing  Reform.     By  Lawrence  Veiller.     Russell  Sage  Foundation 
Publication.     New  York,  Charities  Publication  Committee,  1910. 

51 


A    MODEL    HOUSING    LAW 


§  2   (20) 


Variation 


Explana- 


of  buildings,  or  inspector  of  buildings;  it  is  therefore 
necessary  to  provide  for  that  contingency  by  permit- 
ting the  mayor  to  designate  the  fire  marshal,  or  fire 
chief,  or  police  chief  or  some  other  appropriate  person. 
Add  after  "the  construction  of  buildings"  the  fol- 
lowing: 

VARIATION  i:  "Where  there  is  no  such  official,  the 
mayor  shall  designate  someone  so  to  act  for  the  purposes 
of  this  act." 

NOTE  6:  This  is  vitally  important;  without  it  the 
whole  law  can  be  made  of  no  avail.  In  the  case  of 
new  buildings,  an  architect  or  builder  could  refuse  to 
comply  with  the  law  on  the  ground  that  his  building 
was  not  occupied  by  three  families  —  being  occupied 
by  no  one,  not  yet  being  built,  and  therefore  did  not 
come  under  the  definition  of  a  multiple  dwelling. 
This  is  not  a  fanciful  view,  though  it  may  seem  so; 
there  have  been  cities  where  this  has  been  done  and 
where  friendly  public  officials  have  acquiesced  in 
such  an  interpretation.  The  phrase  "or  is  intended, 
arranged,  designed,  built,  altered,  converted"  covers 
this  loophole. 

Similarly  in  some  cities  where  occupancy  by  three 
families  constitutes  a  building  a  tenement  house, 
owners  have  adopted  the  device  of  temporarily  put- 
ting out  one  family  and  then  claiming  that  the  build- 
ing is  not  a  tenement  house  as  it  is  then  occupied  by 
only  two  families.  This  has  been  successful  even 
where  the  building  is  a  three-story  one  with  three 
separate  apartments  in  it  and  clearly  arranged  for 
occupancy  by  three  separate  families.  The  phrase 
"  arranged,  built,  altered,  converted  to,  rented,  leased, 
let  or  hired  out  to  be  occupied"  covers  this  loophole. 

NOTE  7:  Without  this  provision  the  law  could  be 
easily  evaded.  All  that  an  owner  would  need  to  do 
to  escape  compliance  with  the  law  would  be  to  have 
his  building  an  "office"  building,  or  "loft,"  or  some 
other  type  of  building  and  use  part  of  it  as  a  dwelling 
or  multiple  dwelling. 

NOTE  8:  In  cities  where  there  are  alleys  it  is  neces- 
sary to  treat  the  larger  ones  that  are  public  thorough- 
fares as  streets.  What  the  dividing  line  between 
street  and  alley  is  it  is  hard  to  say,  but  width  and  pub- 

52 


§  3  GENERAL    PROVISIONS 

lie  ownership  rather  than  private  ownership  are  two 
determining  factors  at  least.  By  means  of  this 
clause  it  is  made  impossible  to  erect  tall  dwellings  on 
narrow  alleys,  as  they  must  be  treated  as  streets  and 
the  height  of  the  building  limited  to  the  width  of  the 
alley.  (See  section  21.)  This  clause  also  has  an  im- 
portant bearing  on  sections  26,  29,  35,  36,  46,  71,  and 
1 20.  Without  it,  it  would  not  be  lawful  to  use  an  alley 
1 6  feet  wide  as  a  means  of  light  and  ventilation.  It  is 
obvious  that  this  should  be  permitted.  It  should  be 
noted  that  only  a  public  alley  is  to  be  deemed  a  street, 
that  is,  one  of  which  the  city  owns  the  fee;  this  is 
eminently  fair,  as  private  alleys  can  be  closed  or  aban- 
doned and  thus  lose  their  value  as  a  permanent  source 
of  light  and  ventilation.  The  determination  of  how 
narrow  an  alley  should  be  recognized  as  a  lawful 
source  of  light  and  ventilation  will  necessarily  vary 
in  each  city,  depending  on  the  custom  or  prevailing 
width  in  that  city.  The  standard  in  the  law  should 
harmonize  with  the  prevailing  local  conditions  so 
far  as  practicable. 

§3.  BUILDINGS  CONVERTED  OR  ALTERED.  A  building 
not  a  dwelling  if  hereafter  converted  or  altered  to  such  use 
shall  thereupon  become  subject  to  all  the  provisions  of  this 
act  relative  to  dwellings  hereafter  erected.  A  dwelling 
of  one  class  if  hereafter  altered  or  converted  to  another 
class  shall  thereupon  become  subject  to  all  the  provisions 
of  this  act  relative  to  such  class. 

NOTE  :  Without  this  provision  the  law  can  be  xpana- 
completely  evaded  by  erecting  all  new  buildings  in 
the  guise  of  "alterations"  to  existing  buildings.  In  a 
wellknown  Eastern  city  a  few  years  ago  when  there 
was  a  somewhat  drastic  tenement  house  law  on  the 
statute  books  affecting  only  new  construction,  it 
happened  that  for  a  period  of  several  years  few  new 
houses  were  built.  Upon  inquiry  it  developed  that 
all  building  operations  were  "alterations/'  Plans 
would  be  filed  for  the  "alteration"  of  an  existing 
building;  one  portion  of  the  building  would  be  left 
standing  while  the  new  work  was  going  on  in  another 
portion,  and  then  the  remaining  portion  would  be 
torn  down  and  the  new  work  extended  there  until  a 

53 


A    MODEL    HOUSING    LAW  §4 

completely  new  building  was  erected,  without  com- 
pliance with  the  law,  as  the.  law  did  not  apply  to 
alterations. 

Irrespective  of  these  considerations,  it  is  obvious 
that  it  would  be  both  unfair  and  unwise  to  permit 
the  alteration  of  existing  buildings  to  a  changed  use 
without  enforcing  compliance  with  the  terms  of  the 
act  applicable  to  new  buildings,  as  the  effect  of  such  a 
policy  would  necessarily  be  to  prevent  the  construc- 
tion of  new  houses,  thus  perpetuating  the  evils  of  the 
older  buildings  and  indefinitely  extending  their  lease 
of  life. 

§  4.  ALTERATIONS  AND  CHANGE  IN  OCCUPANCY. x  No 
dwelling  hereafter  erected  shall  at  any  time  be  altered  so 
as  to  be  in  violation  of  any  provision  of  this  act.  And  no 
dwelling  erected  prior  to  the  passage  of  this  act  shall  at 
any  time  be  altered  so  as  to  be  in  violation  of  those  pro- 
visions of  this  act  applicable  to  such  dwelling.  If  any 
dwelling  or  any  part  thereof  is  occupied  by  more  families 
than  provided  in  this  act,  or  is  erected,  altered  or  occupied 
contrary  to  law,2  such  dwelling  shall  be  deemed  an  un- 
lawful structure,  and  the  health  officer  may  cause  such 
dwelling  to  be  vacated.  And  such  dwelling  shall  not  again 
be  occupied  until  it  or  its  occupation,  as  the  case  may  be, 
has  been  made  to  conform  to  the  law. 

Ex  lana  NOTE  i :    This  section  should  be  read  with  care. 

It  distinguishes  between  two  kinds  of  dwellings; 
namely,  those  erected  under  the  terms  of  the  act,  and 
those  erected  before  its  passage.  It  is  obvious  that 
it  should  not  be  possible  to  erect  a  new  dwelling  in 
compliance  with  the  act  and  then  a  few  years  later 
alter  it  contrary  to  its  requirements.  If  this  were 
possible  the  law  would  not  be  worth  much.  In  the 
case  of  dwellings  erected  before  its  passage,  on  the 
other  hand,  it  would  be  unreasonable  to  forbid 
the  alteration  of  such  a  building  unless  it  complied 
with  the  requirements  applicable  to  new  ones.  The 
effect  of  such  a  requirement  would  be  to  stop  all  im- 
provement to  the  older  buildings.  What  this  sec- 
tion does  is  to  prohibit  the  alteration  of  such  a  build- 
ing so  as  to  be  at  variance  with  the  provisions  rela- 

54 


§§  5,  6  GENERAL    PROVISIONS 

tive  to  such  buildings  only  and  not  to  new  buildings; 
namely,  Articles  III,  IV,  and  V.  To  illustrate,  an 
existing  dwelling  built  some  years  prior  to  the  pas- 
sage of  the  law  might  occupy  80  per  cent  of  the  lot, 
and  it  might  be  desired  to  alter  this  building  in 
the  interior,  rearranging  partitions,  throwing  several 
small  dark  rooms  into  one  large  lighter  room,  and 
thus  greatly  improving  the  conditions,  but  not  ex- 
.  tending  the  building,  nor  increasing  the  percentage 
of  the  lot  occupied.  Such  an  improvement  should  of 
course  be  permitted,  but  would  not  be  possible  if  the 
law  prohibited  the  alteration  of  an  existing  building 
except  in  conformity  with  the  provisions  of  the  act 
relative  to  new  dwellings,  as  is  required  in  some  care- 
lessly drawn  building  codes.  On  the  other  hand,  it 
should  not  be  possible  to  create  new  dark  rooms  in 
an  old  building,  where  none  were  before.  Both  these 
points  are  safeguarded  in  this  section. 

NOTE  2:  The  special  proviso  as  to  change  in  occu- 
pancy is  necessary  because  of  the  fact  that  the  use  and 
character  of  a  building  may  be  completely  changed 
without  any  structural  alteration  whatever,  merely 
by  changed  occupancy;  without  such  a  provision 
some  courts  have  had  a  tendency  to  construe  the  law 
narrowly  and  hold  that  change  in  use  is  not  altera- 
tion. 

§  5.  DWELLINGS  MOVED.  If  any  dwelling  be  hereafter 
moved  from  one  lot  to  another  it  shall  thereupon  be  made 
to  conform  to  all  the  provisions  of  this  act  relative  to 
dwellings  hereafter  erected. 

NOTE:   An  ingenious  way  of  beating  the  law  has 

i  i  ,.  ..•'•.  .*•  iji'ij 

been  employed  in  some  cities  by  moving  an  old  build- 
ing  from  one  location  to  a  lot  that  was  before  vacant, 
thus  putting  a  new  building  where  no  building  was 
before;  as  such  building  was  not  one  "hereafter 
erected  or  altered/'  the  law  did  not  apply.  This 
section  prevents  this  method  of  evasion. 

§  6.  MINIMUM  REQUIREMENTS^  LAW  NOT  TO  BE  MODI- 
FIED. The  provisions  of  this  act  shall  be  held  to  be  the 
minimum  requirements  adopted  for  the  protection  of  the 
health,  welfare  and  safety  of  the  community.3  The  local 

55 


A    MODEL    HOUSING    LAW  §  6 

legislative  body  of  each  city  is  hereby  empowered  to 
enact  from  time  to  time  supplementary  ordinances  im- 
posing requirements  higher2  than  the  minimum  require- 
ments laid  down  in  this  act,  relative  to  light,  ventilation, 
sanitation,  fire  prevention,  egress,  occupancy,  mainte- 
nance and  use,  for  all  dwellings.  And  such  local  legislative 
body  is  hereby  further  empowered  to  prescribe  for  the 
enforcement  of  the  aforesaid  supplementary  ordinances 
remedies4  and  penalties  similar  to  those  prescribed  in  this 
act.  But  no  ordinance,  regulation,  ruling  or  decision  of 
any  municipal  body,  board,  officer  or  authority  shall 
repeal,  amend,  modify  or  dispense  with  any  of  the  said 
minimum  requirements6  laid  down  in  this  act.5 

Explana-  NOTE  i:   This  "Home  Rule"  provision  of  the  act 

is  a  vitally  important  one  in  its  different  bearings. 
In  the  first  place,  it  effectively  silences  opposition  to 
the  act  raised  by  special  interests  who  are  adversely 
affected  by  its  provisions  and  who,  as  an  effective 
means  of  choking  off  all  legislation,  seek  to  raise  the 
"Home  Rule  issue";  namely,  objection  to  the  pas- 
sage of  a  statute  on  this  subject  as  distinguished  from 
a  local  ordinance.*  No  one  is  able  to  advance  any 
argument  against  the  propriety  of  the  state's  embody- 
ing in  the  fundamental  law  the  minimum  require- 
ments necessary  for  the  protection  of  the  "health, 
welfare  and  safety  of  the  community,"  especially 
when  at  the  same  time  a  liberal  grant  of  power  is 
given  to  each  community  to  enact  supplementary 
ordinances  on  this  subject. 

NOTE  2 :  The  method  herein  employed  also  becomes 
at  times  the  only  practical  way  of  harmonizing  the 
conflicting  standards  of  different  cities  in  the  same 
state  where  a  provision  of  law  that  is  acceptable  to 
one  city  is  felt  to  be  too  drastic  by  another  city  in 
which  certain  evils  have  become  more  firmly  in- 
trenched or  where  land  values  are  higher  or  pressure 
of  population  greater.  Standards  can  accordingly 
be  set  at  a  level  that  will  satisfy  all  concerned  and 
the  cities  which  wish  higher  standards  are  free  to 
adopt  them  by  means  of  local  ordinances. 

*  For  discussion  of  the  advantages  of  a  state  law  as  against  a  local 
ordinance,  see  Housing  Reform,  pp.  151-153. 

56 


§  6  GENERAL    PROVISIONS 

NOTE  3 :  The  declaration  of  the  fundamental  piir- 
poses  of  the  act  as  an  exercise  of  the  police  power  of 
the  state,  embodied  in  the  first  sentence  of  this  sec- 
tion, should  prove  helpful  in  litigation  in  the  event  of 
the  constitutionality  of  the  act  being  challenged. 

NOTE  4:  It  is  necessary  to  grant  specifically  to  the 
local  authorities  the  right  to  prescribe  certain  penal- 
ties and  remedies  for  the  enforcement  of  the  supple- 
.mentary  ordinances,  otherwise  these  ordinances  may 
not  be  effective.  A  board  of  aldermen  has  not  ipso 
facto  the  right  to  provide  for  injunction  proceedings, 
proceedings  in  rent,  and  so  forth.  Unless  otherwise 
provided  by  statute,  a  violation  of  a  corporation  or- 
dinance is  liable  to  be  a  "violation  of  an  ordinance" 
and  no  more,  punishable  only  by  a  small  fine. 

NOTE  5 :  The  most  important  part  of  this  section, 
in  fact  of  the  whole  act,  is  found  in  the  last  sentence, 
which  seeks  to  prevent  the  misuse  of  discretionary 
power.  There  is  little  use  in  working  out  with 
minute  care  the  standards  to  be  observed  to  secure 
adequate  light  and  ventilation,  proper  sanitation  or 
safety  in  case  of  fire,  if  some  local  official  has  the 
power  at  any  time  to  set  aside  or  modify  at  his  pleas- 
ure these  essential  requirements.  In  many  cities 
boards  of  appeal  exist  in  connection  with  the  depart- 
ment of  buildings,  who  exercise  the  power  to  modify 
and  set  aside  the  law  in  particular  cases.  Under  the 
terms  of  this  section  no  one,  neither  board  nor  official, 
will  have  such  power  so  far  as  this  law  is  concerned. 
This  is  as  it  should  be.  Under  no  other  method  can 
we  have  proper  law  enforcement.  Every  citizen 
has  a  right  to  know  that  he  is  being  treated  on  the 
same  basis  as  everyone  else  and  that  no  one  can  re- 
ceive special  privileges,  and  especially  to  know  clearly 
what  the  law  is  and  what  can  be  done  and  what  can- 
not be  done.*  If  the  law  is  wrong  the  thing  to  do  is 
to  amend  it,  whether  it  be  .a  statute  or  an  ordinance; 
not  give  to  some  administrative  officer  the  power 
to  set  the  law  aside.  Such  a  scheme  undermines  the 
basic  principles  upon  which  the  government  of  this 
country  rests.  It  will  not  do  in  this  instance  any 
more  than  it  will  in  others  to  confuse  the  legislative, 
judicial  and  administrative  functions.  The  laws 

*  For  discussion  of  the  abuse  of  discretionary  power,  see  Housing 
Reform,  pp.  90-94. 

57 


A    MODEL   HOUSING    LAW  §§7,8 

should  be  made  by  the  legislature,  not  by  the  super- 
intendent of  buildings. 

NOTE  6:  It  should  be  noted  that  the  power  given 
to  the  local  authorities  is  to  impose  higher  or  stricter 
standards,  and  that  they  are  expressly  prohibited 
from  lowering  the  standards  embodied  in  the  act. 
If  such  an  attempt  is  made,  as  it  is  likely  to  be,  such 
an  ordinance  in  the  face  of  this  provision  would  be 
null  and  void. 

§  7.  SEWER  CONNECTIONS  AND  WATER  SUPPLY. l  The 
provisions  of  this  act  with  reference  to  sewer  connections 
and  water  supply  shall  be  deemed  to  apply  only  where 
connection  with  a  public  sewer  and  with  public  water 
mains  is  or  becomes2  reasonably  accessible.  All  questions 
of  the  practicability  of  such  sewer  and  water  connections 
shall  be  decided  by  the  health  officer. 

Explana-  NOTE  i :    It  is,  of  course,  impracticable  to  require 

running  water  where  there  is  no  city  water,  or  to 
require  the  installation  of  water-closets  where  there 
are  neither  water  nor  sewers.  There  are,  however, 
cases  where,  while  there  is  no  sewer  in  the  street  in 
front  of  the  house,  it  is  possible  to  connect  to  a  public 
sewer  a  few  blocks  distant  by  means  of  a  private 
sewer.  The  question  of  whether  this  is  practicable 
or  not  should  in  all  cases  be  determined  by  the  re- 
sponsible public  official,  not  by  the  property  owner 
whose  "pocket  nerve"  may  be  unduly  sensitive. 

NOTE  2 :  The  two  words  "  or  becomes  "  are  import- 
ant. At  the  time  a  house  is  built  there  may  be  no 
sewer  adjacent  to  which  connection  can  be  made  and 
therefore  a  privy  must  be  tolerated.  A  year  later  a 
sewer  is  extended  to  that  neighborhood.  The  health 
officer  should  be  free  under  these  circumstances  to 
order  the  privy  removed,  modern  conveniences  in- 
stalled, and  the  house  connected  to  the  street  sewer. 
Without  those  two  words  he  would  not  have  that  power. 
NOTE  3 :  The  importance  of  this  section  is  to  be  ob- 
served in  connection  with  sections  44,  45,  46,  47,  93, 
98,  99,  100,  and  124. 

§8.  STATE  BOARD  OF  HEALTH.  The  state  board  of 
health  shall  have  power  to  examine  into  the  enforcement 

58 


§  C)  GENERAL    PROVISIONS 

of  this  act  in  each  city.  Whenever  required  by  the  gov- 
ernor it  shall  make  such  an  examination  and  shall  report 
the  results  thereof  to  the  governor  within  the  time  pre- 
scribed by  him. 

NOTE:  This  is  a  wholesome  check  on  local  boards  of  Expiana_ 
health  and  may  prove  to  be  useful  where  it  is  difficult  tjQ£ 
to  secure  proper  law  enforcement.     It  is  a  power  to 
hold  in  reserve  and  use  only  as  a  last  resort. 

§  9.  RESIDENCE  DISTRICTS. l  Whenever  the  owners  of 
record  of  two-thirds  or  more  of  the  linear  frontage  of  one 
side2  or  street-frontage  of  any  block  shall  by  written  peti- 
tion to  the  common  council  duly  signed  and  acknowledged, 
ask  that  such  side  or  street-frontage  of  said  block  be  desig- 
nated as  a  "  residence  district/'  and  the  common  council 
shall  approve  of  such  petition,  such  side  or  street-frontage 
of  said  block  shall  thereupon  become  a  "residence  dis- 
trict," and  shall  continue  to  be  such  until  such  time  as  a 
like  petition  asking  that  such  side  or  street-frontage  of 
said  block  cease  to  be  a  "residence  district"  shall  be  pre- 
sented to  the  common  council  and  be  approved  by  them. 
Except  as  otherwise  provided  in  section  twenty-eight,  no 
building  other  than  a  private-dwelling  or  two-family- 
dwelling3  or  a  building  used  by  the  city,  state  or  nation  for 
public  purposes4  shall  hereafter  be  erected  or  altered  or 
converted  to  be  so  occupied  on  any  lot  abutting  on  such 
street-frontage  so  long  as  it  continues  to  be  a  "  residence 
district/'  except  upon  the  written  consent  of  the  owners 
aforesaid.  Such  written  consents  shall  be  filed  in  the 
health  department  and  shall  be  public  records.  A  "  block" 
for  the  purposes  of  this  section  is  a  property  division  con- 
taining one  or  many  lots  and  bounded  by  three  or  more 
streets.5 

NOTE    i :    This   is   somewhat   novel   in  American  £XDiana. 
practice.     It  is  an  attempt  to  protect  residence  dis-  .-  * 
tricts  from  the  invasion  of  commercial  and  other 
non-residence  uses.     The  novel  feature  is  that  it  is 

59 


A    MODEL    HOUSING    LAW  §9 

done  by  statute  rather  than  by  covenant.  It  is  an 
attempt,  therefore,  to  apply  to  America  the  European 
practice  of  establishing  by  regulation  various  dis- 
tricts or  zones  for  different  purposes,  which  is  so 
vital  a  feature  of  most  intelligent  schemes  of  city 
planning.  The  plan  which  has  been  developed  is 
believed  to  be  especially  applicable  to  American  con- 
ditions. Its  chief  points  are: 

1.  The  request  for  restriction  of  use  arises  with 
the  owners  of  the  major  part  (two-thirds)  of  the 
property  affected  by  the  restriction. 

2.  It  provides  for  a  hearing  before  the  local  legis- 
lative body,   thus  giving  every  citizen   his  day  in 
court,  and  requires  the  approval  of  the  local  authori- 
ties before  the  scheme  becomes  effective. 

3.  It  provides  a  flexible  scheme  by  which  the  re- 
strictions can  be  removed  at  any  time  by  the  same 
method  under  which  they  were  originally  established. 

4.  It  offers  further  great  flexibility  in  the  fact  that 
notwithstanding  the  establishment  of  a  given  resi- 
dence district,  buildings  of  the  class  prohibited  under 
the  law  can  be  erected  at  any  time  even  in  that  dis- 
trict if  the  consents  of  the  owners  of  two-thirds  of  the 
property  affected  are  secured. 

5.  It  makes  the  unit  one  side  of  a  block  thus  limit- 
ing the  area  of  "betterment"  or  depreciation  to  reas- 
onable limits. 

6.  It  does  not  stand  in  the  way  of  the  commercial 
development  of  the  city  or  even  of  a  neighborhood  in 
view  of  the  smallness  of  the  unit  adopted.     It  permits 
business  on  one  side  of  a  street,  residences  on  the  other. 

7.  It  excludes  from  within  a  residence  district  those 
classes  of  buildings  which  can  be  readily  shown  to  be 
objectionable  to  the  occupants  of  a  residence  district 
and  to  affect  adversely  property  values. 

NOTE  2:  The  diagram  on  page  61  (Figure  12) 
shows  how  the  plan  would  work  out. 
Taking  the  block  A  B  C  D,  let  us  assume  that  three 
sides  AB,  BC  and  CD  are  established  as  "residence 
districts";  the  remaining  side  AD,  located  on  an 
avenue  where  business  has  already  got  a  strong  foot- 
hold and  where  business  buildings  are  the  only  prac- 
tical development,  is  not  made  a  residence  district. 

NOTE  3:    It  is  to  be  noted  that  under  this  section 
everything  is  excluded  from  a  residence  district  ex- 

60 


§9 


GENERAL    PROVISIONS 


cept  private  dwellings  and  two-family  houses  and 
certain  rear  buildings  on  the  back  of  the  lot  used  in 
connection  with  them,  as  private  garages,  stables,  and 
so  forth.  (See  section  28.)  But  no  public  garage  or 
public  stable,  no  apartment  house  or  tenement  house, 
no  factory,  loft,  office  building,  store  or  shop,  hotel  or 
church  can  be  erected  there  without  the  consent  of 
two-thirds  of  the  owners  affected. 

NOTE  4:  It  has  been  thought  necessary  to  make  an 
exception  and  permit  the  erection  of  such  public  build- 
ings as  schools,  police  stations,  and  so  forth,  as  other- 
wise their  erection  might  in  some  cases  be  objected 


MAIN 


P 

lu 


A 

5u 

SIN 

ES2 

D 

B 

C 

POPLAR 


£ESI  PENCE  DISTRICT 


r 


FIGURE  12 


to  and  the  city  be  prevented  from  locating  them  in 
the  most  advantageous  places. 

NOTE  5:  Attempts  along  somewhat  similar  lines 
have  been  made  recently  in  a  number  of  cities  and 
states.  These  attempts  have  not  in  all  cases  followed 
closely  the  lines  laid  down  here  but  have  been  defec- 
tive in  one  or  two  important  respects.  It  is  believed 
that  the  points  to  which  exception  has  been  taken  in 
these  cases  have  been  fully  met  in  the  proposed  sec- 
tion of  this  law  and  that  if  this  section  is  tested  and 
properly  defended  it  will  be  sustained  by  the  courts  as 
a  reasonable  exercise  of  the  police  power.  The  more 
important  attempts  that  have  been  made  to  bring 
about  this  result  along  somewhat  parallel  lines  are  as 
follows : 

61 


A    MODEL    HOUSING    LAW  §  9 

New  York.  A  provision  identical  with  section  9  of  the 
Model  Housing  Law  was  embodied  in  the  housing  law  for 
second  class  cities  passed  by  the  New  York  legislature  in 
1913  (chapter  774  of  the  laws  of  1913).  This  act  affects 
the  following  cities:  Albany,  Schenectady,  Syracuse,  Troy, 
Utica  and  Yonkers.  Action  under  this  section  has  already 
been  taken  in  several  instances  by  the  Common  Council 
of  the  city  of  Utica  and  also  in  the  city  of  Syracuse.  No 
attempt  has  as  yet  been  made  to  test  it. 

California.  The  city  of  Los  Angeles  was  the  pioneer  in 
this  movement.  Here  in  1909  the  first  districting  ordinance 
in  America  was  enacted.  Since  that  time  this  ordinance 
has  been  amended  more  than  70  times  through  the  adoption 
of  additional  districts.  The  Los  Angeles  ordinance  differs 
in  many  respects  from  the  districting  plans  which  have 
been  carried  out  in  other  cities,  in  that  it  lays  most 
emphasis  upon  the  establishment  of  industrial  districts, 
whereas  most  of  the  other  cities  concern  themselves  with 
residential  districts.  The  entire  city  of  Los  Angeles  with 
the  exception  of  two  suburbs  is  divided  into  industrial  and 
residential  districts.  Part  of  Los  Angeles  is  divided  into 
25  industrial  districts  and  one  residential  district.  In 
addition  to  industrial  districts  there  are  "  residence  excep- 
tions"; in  other  words,  small  spots  where  certain  un- 
objectionable industries  are  allowed.  The  industrial  dis- 
tricts vary  in  shape  and  size.  The  largest  has  an  area  of 
several  square  miles  and  measures  five  miles  in  length 
and  two  miles  in  width.  The  smallest  district  comprises  a 
single  lot.  As  a  whole,  the  industrial  districts  are  grouped 
in  one  part  of  the  city.  The  "residence  exceptions"  are 
small.  The  largest  is  about  a  half  mile  square  and  except- 
ing this  no  "residence  exception"  covers  a  greater  area 
than  two  city  blocks.  In  many  instances  each  district 
does  not  occupy  more  than  one  or  two  lots. 

The  line  of  demarcation  between  the  industrial  districts 
and  the  residential  districts  is  that  all  kinds  of  business 
and  manufacturing  are  permitted  unrestrained  in  the  in- 
dustrial districts  while  in  the  residential  districts  certain 
specified  businesses  of  a  distinctly  objectionable  nature  are 
prohibited.  All  industries  not  prohibited  are  permitted.  In 
the  residential  districts  all  but  the  lightest  manufacturing 

62 


§  9  GENERAL    PROVISIONS 

is  forbidden.  But  the  less  offensive  business  and  manufac- 
turing establishments  which  are  excluded  from  the  resi- 
dential districts  may  be  carried  on  in  the  "residence  ex- 
ceptions." The  consent  of  the  owners  of  60  per  cent  of 
the  neighboring  property  frontage  is  requisite  to  the 
creation  of  any  "residence  exception." 

The  distinctive  feature  of  the  Los  Angeles  scheme  is 
that  certain  industries,  even  if  already  established  in  the 
residential  district  before  the  district  is  created,  are  to  be 
excluded;  that  is,  it  is  unlawful  to  maintain  these  industries 
even  though  they  may  have  been  in  operation  before  the 
district  was  created.  The  industries  which  it  is  unlawful 
to  carry  on  in  the  residential  districts  are:  Any  works  or 
factory  using  power  other  than  animal  power  in  its  opera- 
tion; or  any  stone-crusher  or  rolling  mill,  machine  shop, 
planing  mill,  carpet  beating  establishment,  hay  barn,  wood 
yard,  lumber  yard,  public  laundry,  wash  house,  coal  yard, 
briquette  yard,  riding  academy,  or  any  winery  or  place 
where  wine  or  brandy  is  made  or  manufactured. 

The  constitutionality  of  this  scheme  has  been  tested  in 
the  California  courts  in  three  cases  and  these  decisions 
have  great  importance  for  the  entire  country.  The  first 
case  was  the  case  of  ex  parte  Quong  Wo  (161  Cal.  220; 
118  Pac.  Rep.  714).  After  the  city  had  been  districted, 
over  100  Chinese  and  Japanese  laundries  found  themselves 
in  the  residential  district.  The  city  immediately  undertook 
to  remove  them  to  the  industrial  districts.  A  test  case 
was  brought  in  the  case  of  a  Chinaman,  Quong  Wo,  before 
a  police  judge  and  the  ordinance  was  upheld  and  the 
defendant  required  to  pay  a  fine  of  $100  or  serve  a  sentence 
of  100  days  in  jail.  Quong  Wo  appealed  to  the  Appellate 
Court  on  habeas  corpus  and  lost.  He  then  carried  his 
case  to  the  Supreme  Court  of  California,  where  the  ordinance 
was  sustained  (in  1911).  The  court  in  its  decision  took  a 
very  broad  view  of  police  power  and  laid  down  principles 
which  will  be  invaluable  to  every  other  city  in  America  in 
dealing  with  this  problem. 

Two  other  cases  were  subsequently  brought.  One  the 
case  of  ex  parte  Montgomery  (163  Cal.  457;  125  Pac.  Rep. 
1070).  This  case  involved  the  right  of  ejecting  a  lumber 
yard  from  the  residential  district.  It  also  went  to  the 


A    MODEL    HOUSING    LAW  §  9 

Supreme  Court  and  the  ordinance  was  again  sustained 
(August  6,  1912),  on  similar  grounds  to  the  principles  laid 
down  in  the  Quong  Wo  case.  Here  again  will  be  found  a 
decision  vitally  important  to  all  other  American  cities. 

The  third  decision  was  had  by  the  same  court  in  ex  parte 
Hadacbeck  (132  Pac.  Rep.  589),  decided  May  15,  1913, 
where  the  Supreme  Court  again  sustained  the  constitution- 
ality of  industrial  and  residential  districts.  In  this  case 
the  petitioner  owned  a  brick  yard  in  the  residential  district 
and  had  acquired  the  land  for  this  purpose  in  1902  before 
the  territory  in  which  the  district  was  located  had  been 
annexed  to  the  city  of  Los  Angeles.  The  case  was  espe- 
cially favorable  to  the  petitioner  in  that  the  land  contained 
valuable  deposits  of  clay  suitable  to  the  manufacture  of 
bricks  and  was  more  valuable  for  brick  making  than  for 
any  other  purpose.  It  was  alleged  also  that  the  owner 
had  through  the  entire  period  of  his  ownership  used  the 
land  for  this  purpose  and  had  erected  on  it  the  kilns, 
machinery,  and  so  forth,  necessary  for  such  manufacture. 
Notwithstanding  these  circumstances,  the  Supreme  Court 
ejected  the  brick  yard  from  the  residential  district  and 
stated  that  the  police  power  was  not  only  for  the  suppres- 
sion of  nuisances  but  that  "It  extends  to  and  includes  the 
regulation  of  the  conduct  of  all  business  and  the  use  of 
property  to  the  end  that  public  health  or  morals  may  not 
be  impaired  or  endangered."  The  opinion  contained  other 
extremely  valuable  principles.  So  far  as  known,  no  appeal 
has  been  taken  from  these  decisions  to  the  federal  courts. 

Michigan.  The  Common  Council  of  Grand  Rapids  on 
October  17,  1910,  passed  an  ordinance  establishing  residence 
districts  and  subsequently  such  ordinance  was  amended  by 
creating  additional  residence  districts. 

The  validity  of  this  ordinance  was  attacked  in  the  case 
of  Cusick  vs.  Davidson  and  in  an  opinion  handed  down  by 
the  Superior  Court  of  Grand  Rapids  it  was  held  that  this 
ordinance  was  unconstitutional  and  void,  among  other 
reasons,  on  the  ground  that  "such  ordinance  constitutes  a 
taking  away  of  the  property  of  relator  without  due  process 
of  law,  in  violation  of  the  provisions  of  the  Fourteenth 
Amendment  of  the  Constitution  of  the  United  States." 


§  9  GENERAL    PROVISIONS 

In  this  opinion  the  court  did  not  give  its  reasons  for  reach- 
ing this  conclusion.  The  case  was  not  appealed. 

Maryland.  The  city  of  Baltimore  in  its  building  code 
(section  47,  subdivisions  12  and  13)  limits  the  location  of 
certain  buildings  which  are  enumerated  in  the  code.  No 
permit  for  the  erection  of  any  such  building  may  be  given 
by  the  inspector  of  buildings  except  with  the  approval  of 
the  mayor,  and  in  granting  his  approval  the  mayor  incor- 
porates in  it  such  requirements  regarding  the  location  of 
the  building  as  may  in  his  judgment  be  necessary  to  safe- 
guard the  interests  of  the  public.  Provision  is  made  for 
publication,  calling  the  attention  of  the  adjoining  property 
owners  to  the  proposed  building  and  giving  them  an  oppor- 
tunity to  protest.  In  granting  or  withholding  their  ap- 
proval of  a  permit  the  building  inspector  and  the  mayor 
are  governed  by  three  considerations:  (i)  the  fire  hazard 
of  the  proposed  building;  (2)  its  effect  on  surrounding  land 
values;  and  (3)  its  effect  on  the  general  welfare  of  the 
residents  in  the  immediate  vicinity. 

The  city  of  Baltimore  also  passed  an  ordinance  in  1911 
known  as  the  Segregation  Ordinance,  providing  in  effect 
that  no  colored  people  after  a  certain  date  shall  be  allowed 
to  live  in  certain  districts  and  similarly  that  no  white 
people  shall  be  allowed  to  live  in  certain  other  districts. 
The  constitutionality  of  this  districting  ordinance  was 
tested  in  the  case  of  The  State  of  Maryland  vs.  Gurry  and 
the  Court  of  Appeals  of  Maryland  handed  down  a  decision 
(Decision  90,  April,  1913)  in  which  the  basic  principle  of 
the  ordinance  was  sustained,  though  it  was  held  to  be  de- 
fective in  form  in  certain  respects  which  the  court  suggested 
be  remedied  by  amendment. 

Wisconsin.  The  legislature  of  Wisconsin  in  1913  (chap- 
ter 743)  passed  an  act  authorizing  cities  of  25,000  or  more 
to  set  aside  exclusive  residential  districts.  The  act  there- 
fore affects  the  cities  of  Milwaukee,  Green  Bay,  La  Crosse, 
Madison,  Oshkosh,  Racine,  Sheboygan  and  Superior.  The 
act  gives  these  cities  the  power  to  restrain  the  encroachment 
of  business  houses  upon  purely  residential  districts  by 
making  their  admission  to  such  district  subject  to  the 
consent  of  a  majority  of  the  land  owners  and  residents  in 
the  district.  The  Common  Council  of  each  city  is  given 

5  65 


A    MODEL    HOUSING    LAW  §  9 

absolute  power  to  prohibit  industries  in  a  residential  dis- 
trict irrespective  of  the  desires  of  the  property  owners. 
A  residential  district  may  be  as  small  as  one  city  block. 
The  establishment  of  residential  districts  may  be  upon 
the  initiative  of  the  Council  or  upon  the  petition  of  10  or 
more  residents  in  the  district  or  block  affected. 

Under  the  terms  of  this  act  the  city  of  Milwaukee  is  at 
present  laying  out  a  number  of  residential  districts.  Neither 
the  act  nor  the  ordinance  has  as  yet  been  tested. 

Minnesota.  The  legislature  of  Minnesota  in  1913  passed 
an  act  (Statutes  1913,  Chapter  420)  empowering  cities 
with  a  population  in  excess  of  50,000  (Minneapolis,  St.  Paul, 
and  Duluth)  to  establish  exclusive  residential  and  industrial 
districts.  Acting  under  authority  of  this  act  the  City 
Council  of  Minneapolis  on  February  28,  1913,  passed  an 
ordinance  establishing  certain  residential  districts.  This 
act  has  not  as  yet  been  tested. 

Illinois.  The  state  of  Illinois  at  the  session  of  1913 
passed  an  act  (Bill  411)  empowering  cities  to  establish 
residence  districts  and  exclude  therefrom  certain  other 
classes  of  buildings.  This  act  was  vetoed  by  the  governor 
under  date  of  June  28,  1913,  upon  an  opinion  from  the 
attorney-general  that  such  an  act  would  be  unconstitu- 
tional. The  chief  ground  of  his  opinion  was  that  the  act 
did  not  contain  provisions  by  which  the  property  owners 
whose  interests  were  affected  could  have  something  to 
say  about  the  establishment  of  the  residential  district  in 
question.  This  defect  is  not  found  in  the  provision  of  the 
Model  Housing  Law. 

Canada.  Under  the  Consolidated  Municipal  Act  of 
1913  as  amended  by  the  Act  passed  in  the  second  year  of 
the  reign  of  His  Majesty  King  George  V  (Chapter  40, 
Section  10),  cities  having  a  population  of  not  less  than 
100,000  inhabitants  are  authorized  by  a  vote  of  two-thirds 
of  the  whole  Council  to  pass  and  enforce  by-laws  to  pro- 
hibit, regulate,  and  control  the  location,  on  certain  streets 
to  be  named  in  the  by-laws,  of  apartment  or  tenement 
houses,  and  of  garages  to  be  used  for  hire  or  gain.  Acting 
under  authority  of  this  act,  the  city  of  Toronto  in  1913 
passed  a  number  of  by-laws  of  this  nature;  namely, 
6,517,  June  16;  6,513,  June  16;  6,569,  July  2;  6,061,  May 

66 


§§  IO,    II  GENERAL    PROVISIONS 

13.     None  of  these  acts  or  by-laws  has  as  yet  been  tested. 
Similar  ordinances  were  adopted  by  the  city  of  Calgary 
(by-law  1366,  Building  Ordinance)  in  1912. 

§  10.  TIME  FOR  COMPLIANCE.  All  improvements  spe- 
cifically required  by  this  act  upon  dwellings  erected  prior 
to  the  date  of  its  passage  shall  be  made  within  ONE 
YEAR1  from  said  date,  or  at  such  earlier2  period  as  may 
be  fixed  by  the  health  officer. 

NOTE  i :   It  is  but  reasonable  to  allow  a  year's  time  EXDjana. 
to  owners  of  the  older  houses  to  make  those  improve-  .  j      ' 
ments  in  their  buildings  which  are  required  as  a  mat- 
ter of  compulsion  by  the  act  (Article  V),  as  some  of 
these  involve  considerable  expense. 

NOTE  2:  It  should  be  noted  that  the  health  officials 
are  given  power,  however,  to  deal  with  exceptional 
cases  immediately  and  to  require  the  improvements 
in  such  cases  at  an  earlier  time.  Thus  in  the  case  of  a 
leaky  and  defective  privy  vault  which  required  im- 
mediate attention,  it  would  be  possible  to  demand 
the  prompt  removal  of  the  vault  and  the  substitution 
of  modern  sanitary  conveniences,  instead  of  patching 
up  the  vault  and  then  a  year  later  removing  it. 

§n.  SCOPE  OF  ACT.  All  the  provisions  of  this  act  shall 
apply  to  all  classes  of  dwellings,  except  that  in  sections 
where  specific  reference  is  made  to  one  or  more  specific 
classes  of  dwellings  such  provisions  shall  apply  only  to 
those  specific  dasses  to  which  such  reference  is  made.  All 
provisions  which  relate  to  dwellings  shall  apply  to  all 
classes  of  dwellings. 


ARTICLE  II 
DWELLINGS  HEREAFTER  ERECTED2 

In  this  article  will  be  found  the  provisions  which  must 
be  observed  when  a  person  proposes  to  build  a  new  dwell- 
ing or  to  convert  or  alter  to  such  purposes  a  building  which 
is  not  a  dwelling.1 

NOTE  i :  The  descriptive  note  which  follows  the  Explana- 
caption  of  each  Article  is  explanatory,  and  has  little 
legal  significance.  It  is,  however,  very  useful  to  the 
layman  who  has  to  use  the  law  and  if  it  has  to  be 
omitted  in  the  statute  because  of  local  legislative 
rules  it  should  be  included  in  the  edition  of  the  law 
subsequently  printed  by  the  city  authorities  for  the 
use  of  the  public. 

NOTE  2:  While  each  Article  accurately  states  the 
extent  of  its  application,  namely,  whether  it  applies 
solely  to  New  Dwellings,  to  the  Alteration  of  Dwellings 
to  Maintenance,  or  to  the  Improvement  of  Existing 
Dwellings,  it  is  not  safe  to  rely  on  these  captions, 
owing  to  changes  that  may  take  place  in  the  structure 
of  the  act  through  subsequent  amendments.  The 
only  safe  course  is  to  have  each  section  stand  on  its 
own  bottom.  Therefore,  in  every  section  which  re- 
lates to  new  dwellings,  the  phrase  "dwelling  hereafter 
erected"  is  always  repeated  in  each  case;  similar 
procedure  is  followed  in  the  other  Articles  of  the  act. 

NOTE  3:  Following  the  custom  in  many  states, 
gaps  are  purposely  left  in  the  numbering  of  the  sec- 
tions so  as  to  provide  for  new  sections  which  later  it 
may  be  found  necessary  to  enact,  thus  preserving 
the  continuity  of  the  numbering.  Under  this  system 
Article  I  ends  with  section  1 1 ,  and  Article  1 1  begins 
with  section  20.  Title  2  of  Article  1 1  ends  with  sec- 
tion 47,  and  Title  3  begins  with  section  50;  Article 
II  ends  with  section  62,  and  Article  III  begins  with 
section  70,  and  so  on. 


§  20  LIGHT   AND   VENTILATION 


TITLE  1 
LIGHT  AND  VENTILATION 

§  20.  PERCENTAGE  OF  LOT  OCCUPIED. *•  2> 3  No  dwelling 
hereafter  erected  shall  occupy,  either  alone  or  with  other 
buildings,  a  greater  percentage  of  the  area  of  the  lot  than 
as  follows: 

(a)  In  the  case  of  corner4  lots  with  streets  on  three  sides, 
not  more  than  NINETY8  per  centum; 

(b)  In  the  case  of  other  corner  lots,  not  more  than 
EIGHTY-FIVE8  per  centum; 

(c)  In  the  case  of  interior  lots  which  do  not  exceed  sixty 
feet  in  depth,  not  more  than  SEVENTY8  per  centum; 

(d)  In  the  case  of  interior  lots  which  exceed  sixty  feet 
in  depth  and  do  not  exceed  one  hundred  and  five  feet  in 
depth,  not  more  than  SIXTY-FIVE8  per  centum; 

(e)  In  the  case  of  interior  lots  which  exceed  one  hundred 
and  five  feet  in  depth3  and  do  not  exceed  one  hundred  and 
fifty-five  feet  in  depth,  not  more  than  FIFTY-FIVE8  per 
centum; 

(f)  In  the  case  of  interior  lots  which  exceed  one  hun- 
dred and  fifty-five  feet  in  depth  and  do  not  exceed  two 
hundred  and  five  feet  in  depth,  not  more  than  FIFTY8 
per  centum; 

(g)  In  the  case  of  interior  lots  which  exceed  two  hun- 
dred and  five  feet  in  depth,  not  more  than  FORTY8  per 
centum. 

The  measurements  shall  be  taken  at  the  ground  level.7 
No  measurements  of  lot  area  shall  include  any  portion 
of  any  street  or  alley.5  Any  portion  of  a  corner  lot  distant 
more  than  SEVENTY  feet  from  the  corner  line  shall  be 
treated  as  an  interior  lot.6 

NOTE  i :   Although  the  public  has  become  accus-  Explana- 
tomed  to  thinking  in  terms  of  percentage  of  lot  oc- 


A    MODEL   HOUSING    LAW  §  2O 

cupied,  the  limitation  of  lot  area  is  of  little  practical 
value  as  a  means  of  insuring  adequate  light  and  ven- 
tilation to  all  parts  of  a  building.  Many  tenement 
houses  have  been  erected  in  the  past  which  have  oc- 
cupied but  50  per  cent  of  the  lot,  but  half  the  rooms 
in  them  have  been  totally  dark  and  without  ventila- 
tion, being  either  windowless  rooms  or  opening  on  so 
small  an  air  shaft  as  to  secure  neither  light  nor  air. 
On  the  other  hand,  tenements  covering  70  per  cent 
of  the  lot  have  been  erected  and  have  had  all  their 
rooms  well  lighted  and  ventilated.  The  only  way 
to  secure  adequate  light  and  ventilation  is  to  require 
every  room,  hall,  bathroom,  water  closet  or  other 
important  part  of  the  building  to  have  windows  of  a 
certain  size  opening  directly  on  an  open  space  of  suf- 
ficient size;  either  the  street,  the  yard  or  a  court. 
When  this  has  been  properly  done,  everything  has 
been  done  that  is  necessary  to  insure  adequate  light 
and  ventilation.  No  limitation  on  the  amount  of 
lot  that  may  be  occupied  will  do  more. 

NOTE  2:  How  little  bearing  the  limitation  of  per- 
centage of  lot  occupied  has  on  the  question  of  ade- 
quate light  and  ventilation  is  at  once  seen  when  one 
reflects  that  the  percentage  requirements  in  all  such 
laws  stay  fixed  at  a  definite  amount  and  do  not  in- 
crease with  the  increased  height  of  the  building;  thus, 
the  percentage  of  lot  that  may  be  lawfully  occupied 
in  the  case  of  a  ten-story  building  is  the  same  as  laid 
down  for  a  two-story  building! 

NOTE  3:  Why  then  have  any  limitation  on  the 
amount  of  lot  that  may  legally  be  occupied?  it  may 
be  asked.  There  is  one  strong  reason  remaining  for 
the  retention  of  it.  It  is  an  effective  means  of  pre- 
venting congestion  or  land  overcrowding.  In  the 
case  of  deep  lots  it  is  the  only  thing  which  prevents 
the  building  of  houses  way  back  on  the  lot.  The 
deeper  the  building,  the  more  rooms  there  will  be  in  it, 
and  in  the  case  of  multiple  dwellings  the  more  people 
there  will  be  living  on  that  amount  of  land.  The  way 
to  prevent  too  many  people  living  on  a  given  amount 
of  land,  therefore,  is  to  make  difficult  the  building  of 
deep  houses  and  tall  buildings.  These  are  the  two 
factors. 

NOTE  4:  The  plan  followed  here  is  to  retain  the 
percentage  limitation  solely  for  its  value  in  prevent- 

72 


§  2O  LIGHT   AND   VENTILATION 

ing  land  overcrowding.  This  section  therefore  dis- 
tinguishes in  the  first  place  between  corner  lots  and 
interior  lots,  where  the  conditions  are  of  course  rad- 
ically different,  corner  lots  having  light  and  air  from 
the  street  on  several  sides  of  the  lot.  It  then  differ- 
entiates between  the  two  kinds  of  corner  lots,  those 
with  streets  on  two  sides,  and  those  with  streets  on 
three  sides,  imposing  less  restriction  in  the  latter  case 
than  in  the  former.  In  the  case  of  interior  lots,  the 
short  lot  is  given  more  liberal  treatment  than  the  deep 
lot,  and  where  lots  exceed  respectively  100  feet,  150 
feet,  and  200  feet  in  depth  (105  feet  is  made  the  stand- 
ard to  be  on  the  safe  side  and  not  cause  hardship  where 
lots  are  a  few  inches  over  100  feet)  to  impose  stricter 
conditions  and  prevent  building  to  the  extreme  rear 
part  of  the  lot. 

NOTE  5 :  Streets  and  alleys  are  not  part  of  the  lot 
and  should  not  be  included  in  figuring  percentage 
that  may  be  occupied. 

NOTE  6:  Where  does  a  corner  lot  end  and  an  in- 
terior lot  begin?  is  a  question  that  has  sometimes 
given  trouble.  This  is  of  importance  only  in  con- 
nection with  this  section  and  with  section  22,  relative 
to  yards.  As  corner  lots  have  greater  privileges  in 
these  two  respects  than  interior  lots,  unless  some 
limit  on  their  extent  is  imposed  they  might  stretch 
almost  indefinitely  from  one  street  to  the  next  street, 
a  distance  sometimes  of  400  feet,  in  order  to  secure 
the  benefits  to  be  obtained.  The  effect  of  this  would 
be  to  defeat  the  purposes  of  the  stricter  requirements 
as  to  interior  lots.  To  prevent  this  the  arbitrary 
standard  of  70  feet  from  the  corner  is  imposed ;  beyond 
this  point  the  rest  of  the  lot  is  to  be  treated  as  an  in- 
terior lot,  both  as  to  depth  of  yard  and  percentage 
that  may  be  occupied.  This  is  more  liberal  treatment 
than  is  usually  accorded,  as  many  cities  require  this 
at  25  feet  from  the  corner,  but  it  is  wise  liberality. 
The  following  diagram  (Figure  13)  illustrates  the 
point  involved. 

The  sketch  shows  a  block  front  from  street  to  street 
with  a  corner  lot,  100  feet  front  and  100  feet  deep. 
At  the  point  A,  70  feet  from  the  corner,  the  remainder 
of  the  lot  becomes  an  interior  lot.  From  that  point  on 
the  yard  has  to  be  25  feet  deep  instead  of  but  1 5  feet, 
and  but  65  per  cent  of  the  lot  can  be  occupied  in  that 

73 


A    MODEL    HOUSING    LAW 


2O 


portion  (the  shaded  portion)  instead  of  85  per  cent. 
The  importance  of  this  requirement  is  at  once  seen. 


70  rr 


YARD 


loo  nr 


FIGURE  13 


NOTE  7:  The  desirable  condition  is  to  have  all  open 
spaces — yards  and  courts — remain  unbuilt  upon  all 
the  way  down  to  the  ground.  It  is  therefore  provided 
that  the  measurements  shall  be  taken  at  the  ground 
level.  But  it  is  not  always  practicable  to  carry  this 
point.  In  the  case  of  hotels  and  apartment  houses, 
especially  the  former,  it  is  usually  desired  to  utilize 
more  space  on  the  ground  floor,  and  sometimes  on  the 
two  or  three  lower  floors,  for  public  rooms — dining 
rooms,  lobbies,  lounging  rooms,  writing  rooms,  re- 
ception rooms,  ball  rooms,  assembly  rooms,  etc.  In 
such  cases  it  is  necessary  to  permit  courts  and  yards 
and  other  open  spaces  to  start  at  the  top  of  the  en- 
trance story  and  sometimes  two  or  three  stories  up. 
Little  harm  is  done  by  this  provided  all  living  rooms 
open  on  the  proper  open  spaces,  especially  as  the  pub- 
lic rooms  above  mentioned  will  invariably  in  such 
buildings  be  ventilated  by  some  system  of  forced  ven- 
tilation and  be  lighted  by  electric  light. 

In  a  similar  way  in  business  districts  it  will  be  de- 
sired to  have  shops  or  stores  on  the  ground  floor  of 
many  flats  and  tenement  houses.  In  such  cases  it  is 
necessary  to  cover  over  much  more  of  the  land  on  the 
ground  floor,  and  in  order  to  get  a  store  of  sufficient 
depth,  the  court,  or  part  of  it,  will  have  to  be  occupied 
on  the  entrance  story.  Especially  on  corner  lots 
where  every  foot  of  street  frontage  has  a  high  value 
will  the  privilege  of  covering  over  the  yard  at  the  first 

74 


§21  LIGHT   AND    VENTILATION 

story  be  desired.  To  meet  these  viewpoints,  the  fol- 
lowing concessions  can  be  made.  Change  the  sen- 
tence "The  measurements  shall  be  taken  at  the  ground 
level"  to  read  as  follows: 

CONCESSION  i:  "The  measurements  shall  be  taken  at  Concession 
the  ground  level,  except  that  in  the  case  of  hotels  the 
measurements  may  be  taken  at  the  floor  level  of  the  lowest 
bedroom  story;  and  in  the  case  of  other  multiple-dwell- 
ings where  there  are  stores  or  shops  on  the  entrance  story, 
the  measurements  may  be  taken  at  the  top  of  such  en- 
trance story." 

NOTE  8:   This  whole  section,  in  view  of  the  con-  Explana- 
siderations  expressed  in  notes  i,  2  and  3  is  an  excel-  ^on 
lent  one  to  make  concessions  on,  especially  as  the  in- 
terests affected  will  think  in  terms  of  percentage  of 
lot  occupied  and  will  rate  the  law  as  drastic  or  not 
drastic  largely  on  this  section.     If  concessions  need 
to  be  made,  the  following  may  be  made  with  safety. 
Make  the  following  changes  in  the  featured  stand- 
ards of  this  section: 

CONCESSION  2:  (a)   Change  NINETY  to  95  /-.          • 

(b)  Change  EIGHTY-FIVE  to  90 

(c)  Change  SEVENTY  to  75 

(d)  Change  SIXTY-FIVE  to  70 

(e)  Change  FIFTY-FIVE  to  60 

(f)  Change  FIFTY  to  55 

(g)  Change  FORTY  to  45 

§  21.  HEIGHT.1  No  dwelling  hereafter  erected  shall  ex- 
ceed in  height  the  width  of  the  widest  street  upon  which 
it  abuts  nor  in  any  case  shall  it  exceed  ONE  HUNDRED 
feet2  in  height.  Such  width  of  street  shall  be  measured 
from  building  line  to  opposite  building  line.3 

NOTE  i :  There  is  no  city  excepting  New  York  in  Explana- 
which  this  limit  of  height  will  prove  a  hardship  so  far 
as  dwellings  are  concerned,  with  the  exception  pos- 
sibly of  hotels.  This  is  the  best  way  to  limit  the 
height  of  buildings.  We  are  on  safe  ground  here  and 
such  regulation  will  unquestionably  be  sustained  by 

75 


A    MODEL    HOUSING    LAW  §21 

the  courts,  whereas  a  flat  limit  of  so  many  feet  might 
not  be  sustained.  Limiting  the  height  of  buildings 
to  the  size  of  the  open  space  on  which  they  abut,  in 
accordance  with  a  scientific  principle,  is  unquestion- 
ably a  reasonable  exercise  of  the  police  power.  It  can 
be  demonstrated  by  inspection  of  existing  buildings 
of  any  city  that  this  represents  the  minimum  stand- 
ard which  will  insure  sufficient  light  and  ventilation 
to  the  building  itself  and  to  neighboring  buildings. 

NOTE  2:  The  flat  limitation  of  100  feet,  irrespective 
of  the  width  of  the  street,  is  important,  so  as  to  safe- 
guard conditions  in  cases  where  there  are  very  broad 
streets,  avenues,  or  boulevards  from  150  to  200  feet 
wide.  It  is  neither  necessary  nor  desirable  to  permit 
dwellings  to  be  built  as  high  as  this  in  any  city.  The 
standard  of  100  feet  which  is  fixed,  is  fixed  to  suit 
conditions  where  land  values  are  at  their  highest.  A 
more  stringent  requirement  making  the  minimum 
height  75  feet  would  be  nearer  the  ideal. 

NOTE  3:  It  is  necessary  to  specify  that  the  width 
of  the  street  shall  be  measured  from  building  line  to 
building  line.  In  cities  where  there  is  no  "official" 
building  line,  the  first  thing  to  do  is  to  get  a  building 
line  established. 

NOTE  4:  It  is  a  nice  question  whether  in  the  case  of 
the  high  class  modern  hotel  provided  with  the  com- 
forts and  luxuries  which  people  nowadays  demand, 
high  buildings  are  not  inherently  a  necessity.  Such 
buildings  cannot  pay  unless  a  sufficient  number  of 
guests  are  accommodated.  To  accommodate  these 
the  building  must  go  up  into  the  air;  otherwise  it 
would  have  to  extend  over  so  much  ground  as  to  be 
prohibitive  in  some  cities  because  of  the  cost  of  the 
land,  and  in  all  cases  it  would  make  too  great  a  dis- 
tance for  guests  to  travel  horizontally  inside  the  build- 
ing in  order  to  get  to  the  dining  rooms  and  other  pub- 
lic rooms.  If  it  is  desired  to  permit  hotels  to  be  built 
higher  than  other  dwellings  add  at  the  end  of  the 
section  the  following: 

Concession          CONCESSION    i:  "The  provisions  of  this  section  shall 
not  apply  to  hotels." 

F     ,  NOTE  5:    In  some  cities  the  practice  prevails  of 

voluntarily  setting  back  the  house  a  considerable  dis- 
76 


§  22  LIGHT   AND    VENTILATION 

tance  from  the  building  line  in  order  to  secure  a  large 
front  yard  with  lawn  and  driveway.  Some  archi- 
tects believe  that  allowance  should  be  made  for  such 
setbacks  and  that  these  should  be  added  to  the  width 
of  the  street  in  calculating  the  limit  of  height.  This 
is  not,  however,  desirable  nor  is  it  necessary.  There 
are  practically  no  cities  in  the  United  States,  outside 
of  some  of  the  large  eastern  cities  like  New  York  and 
Boston,  where  the  restriction  as  to  limit  of  height 
proportionate  to  the  width  of  the  street  as  embodied 
in  this  section  will  present  any  difficulties. 

§  22.  YARDS.  Immediately  behind  every  dwelling  here- 
after erected  there  shall  be  a  rear  yard  l> 2  extending  across 
the  entire  width  of  the  lot.3  Such  yard  shall  be  at  every 
point  open  and  unobstructed  from  the  ground  13-14-15  to  the 
sky.4  Every  part  of  such  yard  shall  be  directly  accessible 
from  every  other  part  thereof.5  The  depth  of  said  yard 
shall  be  measured  at  right  angles  from  the  rear  lot  line  to 
the  extreme  rear  part  of  the  house.  Such  depth  shall  in- 
crease proportionately  with  an  increased  height  of  the 
dwelling  and  shall  be  proportionate  to  the  depth  of  the 
lot  as  follows:6 

(a)  In  the  case  of  corner  lots  no  rear  yard  shall  be  less 
than  FIFTEEN  per  centum  of  the  depth  of  the  lot. 

(b)  In  the  case  of  corner  lots  with  streets  on  three  sides 
the  rear  yard  need  not  extend  across  the  full  width  of  the 
lot,  but  only  to  its  median  line.8 

(c)  In  the  case  of  interior  lots  no  rear  yard  shall  be  less 
than  TWENTY-FIVE  per  centum  of  the  depth  of  the  lot. 

If  the  dwelling  exceeds  three  stories  in  height,  the 
depths7  above  prescribed  shall  in  each  case  be  increased 
FIVE  per  centum  for  each  story  above  three  stories.10  If 
the  dwelling  is  less  than  three  stories  in  height,  the  depths 
above  prescribed  may  be  decreased  FIVE  per  centum  for 
each  story  below  three  stories.  Irrespective  of  the  above 
provisions,  no  rear  yard  under  any  circumstances  shall 
ever  be  less  than  FIFTEEN  feet  in  depth.9  A  front  yard 
may  be  any  depth.11  Any  portion  of  a  corner  lot  distant 


77 


A    MODEL    HOUSING    LAW 


§22 


more  than  SEVENTY  feet  from  the  corner  line  shall  be 
treated  as  an  interior  lot.12 

Explana-  NOTE  i :  No  subject  in  the  entire  law  is  of  more  im- 

tion  portance  than  provision  for  a  proper  open  space  at 

the  rear  of  the  dwelling.  This  assumes  especial  im- 
portance in  view  of  what  has  been  said  as  to  the  lack 
of  value  of  regulating  open  spaces  through  limiting 
the  percentage  of  lot  occupied,  discussed  under  sec- 
tion 20.  To  be  logical  we  should  require  as  large  an 
open  space  in  the  rear  of  the  dwelling  as  there  is  in 
front;  in  other  words,  if  it  is  necessary  to  make  the 


J 


L 


1 


r 


FIGURE  14 


street  60  feet  wide  where  the  buildings  on  each  side 
of  it  are  to  be  not  over  three  stories  in  height,  it  is  ob- 
vious that  it  is  necessary  to  leave  a  similar  space  be- 
tween dwellings  at  the  rear;  that  is,  that  there  should 
be  60  feet  from  the  rear  of  one  building  to  the  rear  of 
another  building  on  the  next  parallel  street.  In  fact 
a  space  of  greater  depth  should  really  be  required  at 
the  rear  because  one  cannot  always  be  sure  of  this 
space  being  a  continuous  open  space,  thus  insuring 
proper  circulation  of  air  and  proper  lighting  of  the 
rear  portions  of  the  individual  building.  This  is  al- 
ways insured  at  the  front  as  the  streets  are  continuous 
air-ways  extending  often  for  many  miles.  The  mini- 
mum requirements  established  in  this  section  are 
based  upon  the  assumption  that  there  will  be  in  most 

78 


§  22  LIGHT   AND   VENTILATION 

cases  a  neighborhood  development,  and  that  if  one 
man  leaves  a  rear  yard  of  30  feet  behind  his  dwelling, 
in  all  probability  his  neighbor  owning  the  lot  abutting 
at  the  rear  will  leave  a  similar  open  space  of  30  feet, 
making  60  feet  between  buildings. 

NOTE  2:  The  question  at  once  arises  whether  these 
requirements  are  equally  appropriate  in  cities  where 
a  system  of  alleys  prevails.  A  plea  will  be  made  in 
.most  cases  to  permit  the  alley  to  be  included  as  part 
of  this  minimum  open  space  and  to  allow  the  depth 
of  the  rear  yard  to  be  measured  from  the  rear  wall  of 
the  building  to  the  middle  line  of  the  alley.  This  is 
plausible  but  should  not  be  agreed  to.  The  largest 
open  space  possible  that  can  be  left  at  the  rear  is  de- 
sirable and  the  standards  established  in  this  section 
are  the  minimum.  It  would  be  desirable  to  have 
even  deeper  yards  if  it  were  always  commercially 
practicable.  In  this  connection  it  should  be  noted 
that  with  land  values  as  they  are  at  present  in  resi- 
dence districts  there  are  few  cities  in  which  it  is  com- 
mercially necessary  in  order  to  get  a  fair  return  on 
the  investment,  to  make  the  rear  yards  less  than  the 
minimum  depths  herein  established.  This  does  not 
mean  that  interested  parties  will  not  wish  to  make  the 
depths  less.  They  will.  But  they  should  not  be  per- 
mitted to,  and  investigation  will  develop  in  practically 
every  case  that  the  minimum  depths  established  in 
this  section  are  less  than  the  depths  that  have  actu- 
ally been  voluntarily  left  by  the  majority  of  owners  in 
recent  building  operations  in  each  city. 

NOTE  3:  The  requirement  that  the  rear  yard  shall 
extend  across  the  entire  width  of  the  lot  is  of  impor- 
tance. Without  such  a  requirement  attempts  would 
be  made  to  leave  inadequate  yards,  as  illustrated 
in  Figures  i  to  4.* 

NOTE  4:  It  is  of  great  importance  to  require  that 
the  yard  shall  be  unobstructed  from  the  ground  to  the 
sky.  Otherwise  it  would  be  possible  to  have  fire- 
escape  balconies  and  outside  porches  encroaching  con- 
siderably on  the  open  space  which  is  so  necessary  to 
furnish  light  and  air  to  the  rear  parts  of  the  building. 
It  is  obvious  that  it  is  of  little  use  to  require  a  1 5-foot 
yard  for  the  purpose  of  light  and  ventilation  and  then 
allow  it  to  be  completely  occupied  by  an  outside  porch 

*See  pp.  36,  37  and  38. 

79 


A    MODEL    HOUSING    LAW  §  22 

or  balcony,  as  is  frequently  the  case  in  many  cities. 
This  provision  is  also  to  be  read  in  connection  with 
sub-division  16  of  section  2. 

NOTE  5:  The  requirement  that  every  part  of  the 
yard  shall  be  directly  accessible  from  every  other  part 
is  made  necessary  where  the  rear  lot  line  is  of  an  ir- 
regular shape  and  where  the  lot  has  more  than  one 
depth,  as  sometimes  happens,  as  shown  in  Figure 

2.* 

NOTE  6:  A  distinct  departure  from  the  provisions 
found  in  similar  statutes  is  made  in  this  law  in  the 
method  of  regulating  the  depth  of  yards.  Here  an 
attempt  is  made  to  make  the  depth  of  the  yard  pro- 
portionate to  the  depth  of  the  lot.  This  plan  has 
been  adopted  because  it  has  been  feared  that  the 
methods  heretofore  employed  of  fixing  arbitrarily  a 
certain  minimum  depth  in  feet  might  not  be  sustained 
if  tested  as  to  constitutionality,  because  it  would  not 
be  possible  to  show  that  this  method  of  regulation  was 
based  upon  a  scientific  principle.  If  all  lots  were  the 
same  depth  this  question  would  not  be  so  compli- 
cated, but  where  lots  vary  from  60  feet  in  depth  to  250 
feet  in  depth,  and  even  more,  the  subject  is  seen 
to  be  somewhat  complex.  Assuming  that  a  3o-foot 
yard  is  the  minimum  sized  yard  that  should  be  left 
for  a  three-story  dwelling  in  most  cities,  it  would  be 
perfectly  easy  to  require  this  in  the  case  of  lots  100 
feet  or  more  in  depth,  but  there  are  many  lots  known 
as  "tail-enders,"  having  been  cut  off  where  the  lots 
from  another  street  have  been  subdivided  in  a  cer- 
tain way,  which  often  do  not  exceed  60  feet  in  depth 
and  sometimes  do  not  exceed  even  40  feet  in  depth. 
To  require  a  3o-foot  rear  yard  on  a  lot  40  feet  in 
depth  would,  of  course,  be  absurd  and  would  have 
the  effect  of  making  impossible  the  development  of 
such  property.  In  addition  it  is  very  desirable  to 
have  some  automatic  method  of  regulating  the  evils 
of  the  deep  lot  and  thus  prevent  the  building  far  back 
on  the  lot  of  long,  deep  buildings  which  are  respon- 
sible in  large  degree  for  lot  overcrowding  and  conges- 
tion of  population.  (See  discussion  under  section  20.) 

As  the  best  means,  therefore,  of  meeting  all  these 
conditions,  the  plan  set  forth  in  this  section  has  been 
evolved.  This  gives  an  automatic  control  of  depth  of 

*  See  p.  37. 
80 


§  22  LIGHT   AND   VENTILATION 

building  and  depth  of  yard  both  on  shallow  lots  and 
on  lots  of  excessive  depth.  It  does  not  make  pro- 
hibitive the  development  of  a  short  lot  nor,  on  the 
other  hand,  does  it  give  a  short  lot  an  undue  or  unfair 
advantage.  It  places  all  lots  on  the  same  basis  in 
that  the  depth  of  the  yard  is  proportionate  to  the 
depth  of  the  lot. 

NOTE  7:    Lots  are  often  of  varying  depths.     One 
.side  of  the  lot  may  be  25  feet  deeper  than  the  other 
side.     In  such  cases  the  mean  depth  is  to  be  taken. 
(See  section  2,  sub-division  10.) 


ISO  FT 
MEAN  DEPTH  125  FF 

FIGURE  15 


NOTE  8:  Where  a  dwelling  is  erected  on  a  corner  lot 
bounded  by  streets  on  three  sides  it  would  cause  un- 
due sacrifice  of  especially  valuable  property,  namely, 
that  with  a  street  frontage,  to  require  in  such  cases 
the  rear  yard  to  extend  across  the  entire  width  of  the 
lot.  All  proper  purposes  will  be  satisfied  if  under  such 
circumstances  the  yard  extends  to  the  median  line. 
It  will  thus  afford  an  ample  intake  of  air  to  insure 
circulation  of  air  throughout  the  rest  of  the  block. 
The  diagram  on  page  82  illustrates  this  point.  ADCA 
is  a  corner  lot  bounded  by  three  streets.  The  rear 
yard  instead  of  extending  all  the  way  across  the  lot 
from  A  to  A  is  allowed  to  stop  at  B,  the  point  of 
intersection  with  the  median  line  of  the  lot.  It  thus 
furnishes  a  means  of  renewing  the  air  in  the  back 
yards  of  the  lots  R,  S,  T,  U,  etc.,  and  the  owner  does 
not  have  to  sacrifice  valuable  street  frontage  along 
the  side  AC. 

NOTE  9:  It  will  be  noted  that  the  standard  laid 
down  for  corner  lots  is  different  from  that  laid  down 

6  81 


A   MODEL   HOUSING    LAW 


22 


for  interior  lots.  This  is  but  right.  A  dwelling  on  a 
corner  lot  has  streets  on  at  least  two  sides  and  some- 
times on  three  sides  and  has  therefore  much  greater 
opportunities  for  light  and  air,  especially  for  continu- 
ous air  currents.  In  addition,  street  frontage  is  very 
valuable  and  the  owner  should  not  be  required  to 
sacrifice  more  of  this  than  is  absolutely  necessary 
to  insure  the  proper  lighting  and  ventilation  of  his 
building.  While  it  is  provided  that  the  depth  of 
yard  of  a  corner  lot  shall  not  be  less  than  1 5  per  cent 
of  the  depth  of  the  lot,  this  requirement  is  subject 
to  the  further  requirement  found  later  in  the  section, 


FIGURE  16 


that  no  yard  under  any  circumstances  shall  be  less 
than  15  feet  in  depth.  Thus  in  the  case  of  a  corner 
lot  60  feet  in  depth,  it  would  not  be  possible  to  have 
the  yard  but  9  feet  deep,  which  would  be  1 5  per  cent 
of  such  a  lot,  but  the  yard  in  such  case  would  have  to 
be  15  feet  in  depth.  Fifteen  feet  is  the  irreducible 
minimum;  a  yard  less  than  this  cannot  furnish  ade- 
quate light  and  ventilation. 

Similarly  with  an  interior  lot.  Assuming  that  there 

might  be  a  lot  but  40  feet  in  depth,  while  it  is  true 

that  sub-division  (c)  provides  that  a  yard  shall  not 

be  less  than  25  per  centum  of  the  depth  of  the  lot, 

82 


§  22  LIGHT   AND    VENTILATION 

the  yard  cannot  in  such  case  be  as  small  as  lofeet 
in  depth.  It  can  never  be  less  than  15  feet  in  depth 
—the  irreducible  minimum. 

NOTE  10:  Of  course  the  size  of  the  yard,  as  in  the 
case  of  other  open  spaces,  should  increase  with  an  in- 
creased height  of  the  dwelling,  and  this  is  provided 
for  here.  The  standards  herein  established  are  for 
the  usual  type  of  building;  namely,  a  dwelling  three 
stories  high.  Where  a  dwelling  exceeds  this  height 
it  is  provided  that  the  yard  shall  increase  5  per  centum 
in  depth  for  each  story,  and  where  a  dwelling  is  less 
than  three  stories  in  height  a  similar  decrease  of  5 
per  centum  is  permitted,  but  never  so  as  to  furnish  a 
yard  less  than  the  irreducible  minimum  of  15  feet. 
Under  this  plan  the  following  results  will  be  obtained 
for  buildings  of  varying  heights,  assuming  for  pur- 
poses of  illustration  a  lot  depth  of  100  feet: 

YARD  DEPTHS  (LoT  100  FEET  DEEP) 

Height                         Corner  lots  Interior  lots 

i  -story 15  feet  1 5  feet 

2-story 15  feet  20  feet 

3-story 15  feet  25  feet 

4-story 20  feet  30  feet 

5-story 25  feet  35  feet 

6-story 30  feet  40  feet 

and  so  on. 

It  will  be  seen  that  this  automatically  checks  the 
erection  of  high  buildings  by  imposing  a  requirement 
for  a  very  much  larger  yard  as  the  building  increases 
in  height.  This  is  deliberate.  A  high  building  in 
the  case  of  dwellings  is  unnecessary  (except  in  the 
case  of  hotels  already  referred  to)  in  practically  all 
of  our  American  cities  excepting  New  York.  This  is 
the  best  way  to  prevent  their  erection.  If  it  is  desired 
to  encourage  the  erection  of  high  buildings  it  can  easily 
be  done  by  niaking  the  standard  of  increase  consider- 
ably less  than  5  per  centum  per  story. 

NOTE  1 1 :  The  phrase  "a  front  yard  may  be  any 
depth"  may  seem  unnecessary.  It  is,  however,  nec- 
essary. (See  note  3  in  the  discussion  of  section  2,  sub- 
division 7.) 

NOTE  12:  The  question  may  be  asked,  Where  does 
a  corner  lot  end  and  an  interior  lot  begin?  In  view 
of  the  greater  liberality  of  the  law  toward  corner  lots, 


A    MODEL    HOUSING    LAW  §  22 

permitting  smaller  yards  and  a  larger  percentage  of 
the  lot  to  be  occupied,  there  is  a  direct  incentive  for 
the  builder  to  evade  the  law's  requirements  and  build 
over  a  very  large  frontage,  and  call  it  all  a  "corner" 
lot;  later  subdividing  his  building  and  selling  off  por- 
tions of  it;  that  is,  erecting  several  buildings  in  the 
guise  of  one,  having  all  the  buildings  classed  as  one 
corner  building  instead  of  as  one  corner  building  and 
several  interior  buildings. 

The  line  must  be  drawn  somewhere.  It  has  been 
set  at  70  feet  with  a  desire  to  be  liberal  to  investors 
and  builders  and  to  be  sure  that  a  building  50  feet  or 
more  in  width  will  be  treated  legitimately  as  a  corner 
building.  In  most  cities  the  line  is  drawn  at  25  feet, 
but  this  is  unnecessarily  strict.  Figure  13  (p.  74) 
illustrates  how  it  is  necessary  to  break  back  the  yard 
at  a  point  70  feet  from  the  corner  in  the  case  of  a 
building  being  erected  with  loofeet  frontage. 

NOTE  13:  In  certain  cases  some  objection  will  be 
made  to  the  requirement  that  the  yard  shall  extend 
from  the  ground  to  the  sky.  Permission  will  be 
desired  to  cover  over  either  a  portion  of  the  yard  or 
all  of  it  on  the  ground  floor.  This  will  be  especially 
sought  after  in  the  case  of  corner  lots  because  of  the 
value  of  street  frontage,  especially  in  districts  where 
it  is  advantageous  to  use  the  ground  floor  for  stores 
or  shops.  Similarly  it  will  be  desired  to  build  over 
a  portion  of  the  yard  on  interior  lots  where  it  is 
wished  to  get  a  very  deep  store.  A  third  case  is  the 
case  of  hotels,  where  the  owners  will  want  to  build 
over  the  yard  not  only  on  the  ground  floor  but  also 
possibly  to  the  height  of  two  or  three  stories  so  as  to 
secure  the  space  necessary  for  public  rooms  such  as 
dining  rooms,  ball  rooms,  music  rooms,  and  for  simi- 
lar purposes.  All  of  these  points  of  view  will  have 
to  be  considered. 

The  considerations  involved  are  quite  different  in 
the  three  different  classes  of  cases.  Taking  up  the 
first,  namely,  covering  over  the  yard  on  the  ground 
floor  in  the  case  of  corner  lots:  It  is  very  desirable 
to  have  the  yard  extend  to  the  ground  where  it  is 
practicable,  but  where  this  is  a  matter  that  is  much 
desired  by  the  interests  affected  it  is  a  point  where  a 
concession  can  wisely  be  made  because  of  the  reason- 
ableness of  the  claim.  There  is  no  question  as  to  the 


§  22  LIGHT   AND   VENTILATION 

desirability  of  having  the  yard  extend  all  the  way 
down  to  the  ground.  That  should  be  the  practice 
in  every  case.  On  the  other  hand,  there  is  from  the 
point  of  view  of  the  owner  a  hardship  in  not  being 
allowed  to  utilize  his  property  so  as  to  get  the  full 
value  out  of  the  most  valuable  part  of  it;  namely, 
the  street  frontage.  If  it  is  decided  to  recognize  this 
situation  and  to  make  this  concession  the  following 
modification  could  be  adopted.  After  the  words 
"from  the  ground  to  the  sky/'  strike  out  the  period, 
insert  a  comma,  and  add  the  following: 

CONCESSION  i:  "except  that  in  the  case  of  corner  lots   Concession 
the  rear  yard  may  start  at  the  top  of  the  entrance  story/' 

NOTE  14:  The  second  class  of  cases  where  it  is  Explana- 
desired  to  cover  over  the  yard  on  the  ground  floor  on 
an  interior  lot,  in  order  to  secure  a  very  deep  store,  is 
not  at  all  in  the  same  category.  Such  a  concession 
should  not  be  granted.  It  should  be  remembered 
that  these  provisions  occur  only  in  connection  with 
dwellings,  not  with  commercial  buildings  where  the 
conditions  of  course  are  very  different,  and  the  only 
occasion  where  this  becomes  a  practical  question  is 
where  it  is  desired  to  have  a  store  on  the  ground  floor 
of  an  apartment  house,  or  two-family  house,  or  other 
kind  of  dwelling.  So  long  as  it  is  permitted  to  cover 
over  the  courts  on  the  ground  floor  or  part  of  them,  it 
will  be  possible  to  get  a  store  of  sufficient  depth  with- 
out encroaching  upon  the  yard  space. 

NOTE  1 5 :  The  third  class  of  cases,  namely,  that  of 
hotels,  presents  the  most  important  considerations  of 
all.  It  has  been  pointed  out  in  the  earlier  discussion 
of  this  section  that  it  is  necessary  to  build  modern 
hotels  to  a  considerable  height  and  it  will  be  seen 
from  the  table  of  Yard  Depths  under  note  10  that 
because  of  the  requirement  that  the  yard  shall  in- 
crease 5  per  centum  for  each  additional  story  above 
three  stories,  that  where  it  is  desired  to  erect  a  ten- 
story  hotel  a  yard  of  60  feet,  in  the  case  of  an  interior 
lot,  would  be  required,  and  in  the  case  of  a  corner  lot 
a  yard  of  50  feet.  This  would  be  prohibitive  in  most 
cities.  No  modern  hotel  should  be  erected  on  an  in- 
terior lot.  Practically  all  such  buildings  are  erected 
on  corner  lots,  with  streets  on  three  sides.  So  that 
the  only  thing  to  be  considered  is  the  relation  of  the 

85 


A    MODEL    HOUSING    LAW  §2} 

provisions  with  reference  to  corner  lots  of  this  kind 
in  its  bearing  upon  hotels.  For  the  reasons  above 
advanced,  the  following  concession  may  be  wisely 
made.  In  sub-division  (b)  of  this  same  section  after 
the  words  "to  its  median  line"  strike  out  the  period, 
insert  a  semi-colon  and  add  the  following: 

Concession         CONCESSION  2 :  "in  the  case  of  hotels  located  on  such 
lots  no  rear  yard  need  be  provided/' 

§  23.  SIDE  YARDS.1  No  side  yard  is  required  for  dwell- 
ings hereafter  erected,  but  they  may  be  built  up  to  the 
lot  line.  If,  however,  any  side  yard  is  left  it  shall  be  at 
every  point  open  and  unobstructed  from  the  ground  to 
the  sky  and  its  width  shall  be  proportionate  to  the  height 
of  the  dwelling  and  no  side  yard  shall  be  less  in  width  in 
any  part3  than  as  follows: 

The  minimum  width  of  a  side  yard,  measured  to  the 
side  lot  line,  for  a  one-story  dwelling  shall  be  FOUR  feet;2 
for  a  two-story  dwelling,  FIVE  feet;  for  a  three-story 
dwelling,  SIX  feet;  for  a  four-story  dwelling,  SEVEN  feet; 
for  a  five-story  dwelling,  NINE  feet;  and  shall  increase 
TWO  feet  for  each  additional  story  above  five  stories. 

Exolana-  NOTE  i :  No  section  in  the  entire  act  will  arouse  so 

much  opposition  as  the  attempt  to  regulate  the  space 
between  adjacent  buildings  and  to  require  the  leaving 
open  of  a  sufficient  space  to  give  adequate  light  and 
ventilation.  The  ideal  condition  would  be  to  require 
every  dwelling  hereafter  erected  to  have  plenty  of 
open  space  on  all  sides  of  it.  This  is  of  course  not 
practicable  in  large  cities  or  in  the  well  built-up  por- 
tions of  small  ones,  desirable  though  it  may  be.  In 
such  places  it  is  often  necessary  to  build  houses  in 
contiguous  rows,  "terraces"  as  they  are  called  in 
certain  sections  of  the  country.  In  the  case  of  apart- 
ment houses,  flats  and  tenement  houses,  and  many 
other  classes  of  dwellings  this  is  the  only  type  of  con- 
struction that  is  likely  to  be  considered.  In  the  case 
of  most  private  dwellings,  however,  except  in  the  larg- 
est cities,  and  even  in  the  case  of  two-family  houses, 
it  will  still  be  found  possible  to  leave  an  open  space 
between  the  buildings.  It  has  not  been  sought,  there- 
86 


LIGHT   AND   VENTILATION 

fore,  in  this  act  to  impose  a  mandatory  requirement 
against  the  erection  of  houses  in  contiguous  rows. 
Such  a  requirement  would  probably  be  unconstitu- 
tional. It  is,  however,  of  great  importance  to  make 
sure  that  adequate  space  is  left  between  buildings 
where  dwellings  are  not  built  solidly  in  rows.  The 
prevailing  practice  in  most  of  our  cities  is  to  leave  a 
totally  inadequate  space;  sometimes  only  a  foot 
between  buildings,  often  as  little  as  3  feet  and  only 
in  rare  cases  is  anything  like  an  adequate  space  pro- 
vided. The  purpose  of  leaving  an  open  space  at  the 
side  of  a  building  is  to  furnish  sufficient  light  and  air 
to  the  windows  of  the  rooms  in  the  interior  part  of 
the  building  which  do  not  open  on  the  street  or  front 
or  rear  yard.  It  is  far  better  that  no  space  should  be 
left  than  to  have  a  space  left  which  will  furnish  neither 
light  nor  ventilation  but  instead  simply  becomes  a 
damp,  dark  pocket  and  gathering  place  for  rubbish 
and  waste  material.  Experience  shows  conclusively 
that  no  less  than  1 5  feet  should  be  left  between  dwell- 
ings. This  will  give  a  side  yard  of  a  minimum  depth 
of  y>£  feet  on  each  side  of  each  dwelling.  With  the 
width  of  lot  that  has  been  employed  in  the  past  in 
most  of  our  cities,  objection  will  at  once  be  made  to 
this  requirement  as  "idealistic"  and  impracticable. 
It  will  be  claimed  that  this  requires  the  giving  up  of 
1 5  feet  of  the  width  of  the  lot  for  side  yards  and  that 
'on  a  25-foot  lot  this  would  leave  but  10  feet  for  the 
dwelling,  and  that  this  is  absurd, — which  of  course  it 
is.  Even  on  a  4O-foot  lot  this  provision  will  only 
allow  a  dwelling  25  feet  wide,  if  the  house  is  placed 
in  the  middle  of  the  lot,  and  this  is  not  large  enough 
for  the  class  of  dwelling  which  it  is  desired  to  erect 
in  most  of  our  cities.  The  standards  adopted  in  this 
section,  therefore,  represent  as  near  an  approxima- 
tion to  the  ideal  as  it  seems  wise  to  go  and  should  be 
treated  as  the  irreducible  minimum.  This  will  give 
in  the  case  of  a  three-story  dwelling  a  6-foot  side  yard. 
If  a  similar  yard  were  left  on  the  adjacent  property 
it  would  mean  12  feet  between  buildings  which,  while 
not  entirely  adequate,  would  give  very  satisfactory 
conditions. 

The  best  way  to  meet  the  opposition' which  will 
undoubtedly  arise  to  this  important  provision  is  to 
take  photographs  showing  the  narrow  spaces  that 

87 


A    MODEL   HOUSING    LAW  §  23 

exist  in  the  city  affected  and  show  the  darkness  and 
dampness  (through  reports  of  sanitary  inspectors), 
and  in  the  case  of  the  dwellings  of  the  poor,  the  ac- 
cumulations of  waste  material  that  have  gathered  in 
these  spaces.  Before  we  can  achieve  satisfactory 
conditions  in  most  of  our  cities  it  will  undoubtedly  be 
necessary  to  bring  about  a  change  in  the  methods  of 
dividing  property  and  secure  the  adoption  of  a  wider  lot 
unit.  Forty  feet  should  be  the  minimum  width  of  lot 
for  the  ordinary  type  of  dwelling;  50  feet  is  far  better. 

NOTE  2:  A  study  of  the  standards  established  for 
side  yards  as  compared  with  the  standards  for  widths 
of  courts  laid  down  in  section  24  shows  a  material 
variation  though  the  principle  is  the  same.  In  each 
case  a  minimum  dimension  is  established  and  the 
size  of  the  open  space  is  made  proportionate  to  the 
height  of  the  dwelling.  A  side  yard  is  very  different 
from  a  court.  A  court  may  be  enclosed  on  all  four 
sides  and  there  is  comparatively  little  opportunity 
for  the  circulation  of  air,  as  all  the  light  and  air  must 
come  down  over  the  roof.  Even  in  the  case  of  the 
outer  court  which  is  open  at  one  end  and  where  the 
opportunity  for  the  intake  of  air  is  better,  still  the 
possibilities  of  its  circulation  are  somewhat  limited. 
The  side  yard  has  a  continuous  open  way  extending 
from  the  street  to  the  rear  yard,  thus  insuring  a  cir- 
culation of  air  at  all  times,  provided  the  open  space  is 
large  enough.  Similarly,  if  the  space  is  wide  enough, 
light  has  much  greater  opportunities  of  reaching  the 
rooms  opening  upon  this  open  space  than  in  the  case 
of  a  court  where  it  can  reach  the  rooms  only  as  it 
comes  down  over  the  top  of  the  court  wall.  For  these 
reasons,  the  standards  for  side  yards  are  logically  set 
lower  than  the  standards  for  courts. 

NOTE  3:  Strong  arguments  will  be  presented  to 
permit  encroachments  upon  the  side  yard  space  by 
means  of  porches  and  bay  windows.  This  should  not 
be  permitted.  The  minimum  widths  set  down  in  this 
section  are  the  minimum  and  should  not  be  encroached 
upon.  Bay  windows  are  not  at  all  necessary  in  the 
side  yard,  as  the  principal  rooms  of  the  house  do  not 
usually  open  upon  that  kind  of  open  space  but  upon 
the  street,  or  front  yard,  or  rear  yard  where  it  is 
easily  feasible  to  have  bay  windows.  With  regard 
to  porches  in  side  yards,  the  situation  is  somewhat 


§24  LIGHT   AND    VENTILATION 

different.  While  it  is  true  that  ample  porch  facilities 
for  any  dwelling  can  be  obtained  at  both  front  and 
rear,  it  will  be  found  in  a  number  of  cities,  especially 
in  the  case  of  two-family  houses,  that  it  is  desired  to 
have  the  entrance  for  one  of  the  families  by  means  of 
a  porch  or  piazza  at  one  side  of  the  building.  This 
must  necessarily  extend  into  the  side  yard.  Having 
the  porch  in  this  location  is  of  course  not  a  necessity 
as  the  building  can  be  so  planned  as  to  permit  entry 
to  both  apartments  from  the  front,  but  this  may  in- 
volve a  change  in  the  habits  of  the  people  and  it  may 
not  be  worth  while  to  attempt  to  overcome  the  op- 
position that  will  be  aroused  by  such  a  change.  If, 
therefore,  it  is  desired  to  meet  this  point  of  view  the 
following  concession  is  suggested  (see  also  section  2, 
subdivision  16).  After  the  words  "to  the  sky"  strike 
out  "and  its  width"  and  insert  a  period  and  the  fol- 
lowing: 

CONCESSION  i :  "  In  a  private-dwelling  or  a  two-family-  concessjon 
dwelling  hereafter  erected  one  unenclosed  outside  porch 
may  be  located  in  the  side  yard,  provided  such  porch  does 
not  extend  into  the  side  yard  a  greater  distance  than  SIX 
feet  from  the  side  wall  of  the  building  nor  exceed 
TWELVE  feet  in  its  other  horizontal  dimension.  The 
width  of  the  side  yard  in  dwellings  hereafter  erected" 

§  24.  CouRTs.1  The  sizes  of  all2  courts  in  dwellings  here- 
after erected  shall  be  proportionate  to  the  height  of  the 
dwelling.3  No  court  shall  be  less  in  any  part4  9  than  the 
minimum  sizes  prescribed  in  this  section.  The  minimum 
width  of  a  court  for  a  one-story  dwelling  shall  be  SIX 
feet,  for  a  two-story  dwelling  SEVEN  feet,  for  a  three- 
story  dwelling  EIGHT  feet,  for  a  four-story  dwelling 
NINE  feet,  for  a  five-story  dwelling  ELEVEN  feet,5  and 
shall  increase  TWO  feet  for  each  additional  story  above 
five  stories.  The  length  of  an  inner  court  shall  never  be 
less  than  twice  the  minimum  width  prescribed  by  this  sec- 
tion.6 The  length  of  a  court,  except  in  the  case  of  a  side 
yard,  shall  never  be  greater  than  FOUR  times  its  width.7 
The  width  of  all  courts  adjoining  the  lot  line  shall  be  meas- 
ured to  the  lot  line  and  not  to  an  opposite  building.8 

89 


A    MODEL   HOUSING    LAW  §  24 

Explana-  NOTE  i :  The  comments  in  connection  with  the 

definitions  (section  2,  sub-division  7)  have  a  special 
bearing  on  this  section,  and  should  be  read  in  con- 
nection therewith.  • 

NOTE  2:  While  there  is  a  material  difference  be- 
tween outer  and  inner  courts  and  logically  they  should 
be  treated  in  the  law  on  a  different  basis,  the  outer 
court  being  permitted  to  be  of  a  less  size  than  the 
inner  court  because  of  the  better  opportunities  for 
securing  light  and  ventilation,  yet  in  this  law  all 
courts  have  been  treated  alike.  This  has  been  done 
deliberately  with  a  full  realization  that  it  is  not  "  logi- 
cal/' It  has  been  done  in  order  to  keep  the  law  as 
simple  as  possible.  It  is  especially  desirable  to  keep 
it  simple  in  this  section,  as  it  is  very  easy  to  have 
extremely  complicated  provisions  with  reference  to 
open  spaces,  especially  courts,  unless  one  is  on  one's 
guard.  The  difference  between  this  law  and  the 
New  York  City  law  in  this  respect  is  marked.  Here  it 
has  been  possible  to  embody  all  the  provisions  with 
reference  to  sizes  of  courts  in  1 53  words.  In  the  New 
York  law  it  takes  2,030  words  to  treat  the  same  topic, 
the  provisions  comprising  some  six  closely  printed 
pages  of  small  type.  The  result  is  a  complicated  pro- 
vision which  the  ordinary  layman  has  difficulty  in 
understanding. 

NOTE  3 :  The  plan  adopted  for  regulating  the  size 
of  courts  is  similar  to  the  plan  already  discussed  in 
connection  with  section  23.  A  minimum  width  of 
court  is  established  below  which  adequate  light  and 
ventilation  cannot  be  obtained.  Then  this  dimen- 
sion is  required  to  be  increased  proportionately  with 
each  additional  story  of  the  building  in  height.  The 
following  table  shows  the  sizes  of  courts  that  are  re- 
quired for  buildings  of  different  heights. 

COURTS 

Height  Width  of  Court 

i-story 6  feet 

2-story 7  feet 

3-story 8  feet 

4-story 9  feet 

5-story 1 1  feet 

6-story 13  feet 

and  so  on. 

It  should  be  noted  that  these  sizes  apply  to  all 
90 


LIGHT   AND   VENTILATION 

kinds  of  courts;  namely,  outer  and  inner  courts,  courts 
on  the  lot  line,  and  courts  between  wings  of  the  build- 
ing. 

NOTE  4:  The  phrase  "less  in  any  part"  is  an  im- 
portant one.  The  irreducible  minimum  is  the  irre- 
ducible minimum.  If  a  court  6  feet  wide  is  the  least 
sized  court  which  will  give  adequate  light  and  ven- 
tilation it  is  obviously  unwise  to  permit  any  open 
space  which  is  left  for  the  purposes  of  light  and  ven- 
tilation to  be  of  a  less  size.  Architects,  because  of 
greater  convenience  in  planning,  will  want  to  use  all 
sorts  of  little  recesses  and  extensions  of  a  smaller 
size  and  different  dimensions  from  those  laid  down  in 
the  law.  This  should  not  be  permitted,  as  it  will 
result  in  dark,  damp,  unventilated  and  unsanitary 
shafts  such  as  have  prevailed  in  many  of  our  larger 
cities  to  the  great  detriment  of  the  occupants  of  the 
house.  The  following  diagram  shows  some  of  these 
types  of  extensions  and  offsets,  which  are  illegal  un- 
less they  are  made  of  adequate  width  when  they  may 
then  be  permitted. 


YARP 


FIGURE  17 


NOTE  5:  It  should  be  noted  that  the  ratio  of  in- 
crease in  the  width  of  the  court  for  each  additional 
story  in  height  of  the  building  is  an  increase  of  i  foot 
up  to  a  dwelling  four  stories  high.  Beyond  that  point 
the  ratio  of  increase  is  doubled  and  the  width  of  the 
court  must  be  in  each  case  increased  2  feet  in  width 
instead  of  i  foot.  This  is  done  deliberately  as  a 


A    MODEL    HOUSING    LAW  §  24 

means  of  checking  the  erection  of  very  high  buildings. 
(In  this  connection  see  further  discussion  on  this  sub- 
ject under  Side  Yards,  section  23,  note  2.) 

NOTE  6:  The  requirement  that  "the  length  of  an 
inner  court  shall  never  be  less  than  twice  the  mini- 
mum width  prescribed  by  this  section"  is  frequently 
not  understood  without  analysis,  especially  in  view 
of  the  requirement  which  immediately  follows  it  and 
which  seems  to  be  a  contradiction  of  it.  Both  require- 
ments are  accurately  expressed  and  mean  what  they 
say.  The  requirement  above  quoted  is  made  neces- 
sary to  insure  an  inner  court  of  adequate  size.  In- 
stead of  attempting  to  fix  arbitrarily  the  length  of  an 
inner  court  a  scientific  principle  has  been  evolved  by 
which  the  second  horizontal  dimension  of  an  inner 
court  shall  always  be  equal  to  twice  the  minimum 
width  prescribed  in  the  law.  Thus  an  inner  court, 
which  the  law  requires  to  be  8  feet  wide,  may  not  be 
less  than  16  feet  in  length.  The  reason  for  this  is 
that  without  this  requirement  neither  sufficient  light 
nor  proper  ventilation  can  be  assured  in  this  type  of 
court  where  all  the  light  and  air  that  come  in  must 
come  in  over  the  top  of  the  court.  It  should  be  noted 
that  this  provision  does  not  require  the  length  of  the 
court  to  be  twice  the  width,  but  merely  twice  the 
minimum  prescribed  by  the  law.  They  are  very 
different  things.  To  illustrate:  In  the  case  of  a 
three-story  dwelling  the  law  requires  a  court  to  be  8 
feet  wide.  It  is  conceivable  that  an  owner  might 
prefer  to  have  his  court  12  feet  wide;  in  other  words, 
build  better  than  the  law  requires.  It  would  be  ob- 
viously unfair  in  such  case  to  penalize  him  and  require 
him  to  have  his  court  24  feet  long  (twice  its  width), 
whereas  his  neighbor  might  build  an  inner  court  8 
feet  wide  and  16  feet  long  and  have  it  entirely  legal. 

NOTE  7:  A  similar  misunderstanding  exists  with 
regard  to  the  provision  "The  length  of  a  court,  except 
in  the  case  of  a  side  yard,  shall  never  be  greater  than 
four  times  its  width/'  This  seems  to  be  a  direct  con- 
tradiction of  the  previous  provision  and  to  a  per- 
son not  familiar  with  the  conditions,  unreasonable. 
Courts  become  objectionable  when  they  are  long  and 
narrow.  The  sunlight  which  streams  in  at  the  end 
or  over  the  roof  will  not  under  such  circumstances 
reach  all  portions  of  the  court.  The  further  away  a 

92 


§  25  LIGHT   AND    VENTILATION 

room  is  from  the  outer  end  of  a  court  the  less  desir- 
able it  becomes.  It  is  for  the  purpose  of  preventing 
the  use  of  narrow  courts  of  undue  length  that  this 
provision  has  been  formulated.  It  furnishes  an  auto- 
matic means  of  regulating  this  evil. 

NOTE  8:  The  requirement  that  the  width  of  the 
court  shall  be  measured  to  the  lot  line  and  not  to  an 
opposite  building,  while  not  legally  necessary  in  view 
of  the  definition  of  a  court  as  contained  in  sub-division 
8  of  section  2,  is  here  stated  in  the  way  that  it  is  stated 
in  order  to  make  this  subject  so  plain  that  no  one  can 
either  misunderstand  it  or  present  arguments  to  the 
enforcing  officials  to  be  permitted  to  light  or  ventilate 
any  portion  of  their  dwelling  from  the  adjoining 
premises.  This  puts  an  end  to  the  evils  of  "  borrowed 
light/'  In  this  connection  see  the  discussion  under 
section  2,  sub-division  7,  note  i. 

NOTE  9:  Sometimes  permission  is  desired  to  leave 
on  the  premises  on  which  the  dwelling  is  to  be  erected 
passageways  of  a  smaller  width  than  the  minimum 
dimensions  laid  down  in  the  law  for  yards  or  courts; 
claim  being  made  that  such  spaces  are  additional  to 
those  required  by  law  and  that  therefore  it  ought  not 
to  be  necessary  to  make  them  so  large,  inasmuch  as 
the  rooms  and  other  parts  of  the  building  all  open 
directly  upon  courts  of  legal  size  and  that  if  any  win- 
dows open  on  these  narrower  spaces  they  will  be  sup- 
plementary to  the  windows  required  by  law.  This  is 
plausible  but  it  is  dangerous  to  permit  it.  Such  spaces 
create  unsanitary  conditions.  They  are  bound  to 
result  in  dampness  and  invariably  become  gathering 
places  for  waste  material;  if  supplementary  windows 
open  upon  them  it  is  likely  that  ultimately  when  it 
is  proposed  to  alter  the  dwelling  additional  rooms  will 
be  created  which  will  get  their  sole  light  and  ventila- 
tion from  these  spaces.  The  only  safe  course  of 
procedure  is  to  require  all  open  spaces  to  be  of  an 
adequate  size. 

§25.  COURTS  OPEN  AT  TOP.  No  court  of  a  dwelling 
hereafter  erected  shall  be  covered1  by  a  roof  or  skylight. 
Every  such  court  shall  be  at  every  point  open  from  the 
ground2  to  the  sky  unobstructed.3 

NOTE  i :    It  is  obvious  that  a  court  which  is  relied  Explana- 
93  tion 


A   MODEL   HOUSING    LAW 


§25 


Concession 


Explana- 
tion 


upon  to  furnish  ventilation  will  be  worthless  if  cov- 
ered over  at  the  top  with  a  skylight  or  glass  awning, 
and  yet  this  kind  of  court  was  in  use  considerably 
some  years  ago  and  is  still  used  in  some  European 
cities.  It  is,  however,  antiquated  and  should  not 
be  permitted.  A  court  should  be  open  to  the  sky; 
Little  enough  air  will  be  provided  at  the  best.  Noth- 
ing that  obstructs  it  should  be  tolerated.  The  re- 
quirement that  the  court  shall  not  be  obstructed  pro- 
hibits the  placing  of  fire-escape  or  other  balconies  in 
courts,  thus  encroaching  upon  the  minimum  space 
permitted. 

NOTE  2 :  In  connection  with  the  discussion  of  Yards 
(note  13,  section  22),  the  desire  of  certain  interests  to 
build  over  portions  of  the  yard  and  courts  on  the 
ground  floor  and  the  propriety  of  this  under  certain 
limitations  have  been  fully  discussed.  If  it  is  de- 
termined to  be  wise  to  permit  this  and  to  adopt  con- 
cession i  suggested  in  connection  with  section  22, 
then  the  following  similar  concession  should  be 
adopted  for  section  25.  Strike  out  the  period  at  the 
end  of  the  section,  insert  a  comma,  and  add  the  fol- 
lowing: 

CONCESSION  i :  "except  that  in  the  case  of  hotels,  courts 
may  start  at  the  floor  level  of  the  lowest  bed-room  story; 
and  in  the  case  of  other  multiple-dwellings  where  there  are 
stores  or  shops  on  the  entrance  story,  courts  may  start  at 
the  top  of  such  entrance  story/' 

NOTE  3:  It  should  be  observed  that  this  permits  in 
the  case  of  hotels  the  covering  over  of  the  courts  on  all 
the  stories  below  the  first  bedroom  story;  that  is, 
stories  in  which  the  public  rooms  of  the  hotel  are 
located,  but  this  permission  does  not  in  any  way  in- 
clude the  right  to  have  rooms  on  such  stories  which 
do  not  have  windows  opening  directly  to  the  outer 
air;  here  the  provisions  of  section  29  will  govern. 

Similarly  in  the  case  of  apartment  houses  and  other 
multiple  dwellings  where  there  are  stores  or  shops  on 
the  entrance  story,  the  courts  may  start  at  the  top  of 
such  entrance  story.  It  should  be  carefully  noted 
that  in  both  of  these  cases  the  entire  court  must  go 
down  to  the  bottom,  wherever  that  bottom  is  located. 
It  will  not  be  possible,  for  instance,  to  stop  a  portion 

94 


§25 


LIGHT   AND    VENTILATION 


of  the  court  in  the  case  of  a  hotel  at  the  third  story  and 
then  extend  down  the  rest  of  the  court  to  the  first 
story,  unless  the  court  is  at  such  point  the  minimum 
dimensions  prescribed  in  section  24.  In  other  words, 


6  STORY 

COURT 

«-l3FT-» 

.5"  STORY 

A  STORY 

3g>TORY 

Z  STORY            -». 

3 

•t- 

1  STORY 

UNLAWFUL 

FIGURE  18 

A  COURT  CARRIED  DOWN  UNLAWFULLY 

there  is  no  prohibition  against  stopping  a  portion  of 
the  court  at  the  third  story  and  extending  the  rest 
down  for  two  more  stories  to  the  ground  floor,  pro- 
vided the  court  for  those  two  lower  stories  is  the  full 
size  that  is  required  as  a  minimum  in  section  24.  To 
do  this,  however,  would  mean  that  the  court  above 


G  STORY 

COURT 
-*-l3FT^- 

5  STORY 

4-  STORY 

3  STORY 

£  STDRY 

1  STORY 

LAWFUL 
FIGURE  19 
A  LAWFUL  COURT 

the  third  story  would  have  to  be  of  a  larger  size  than 
the  minimum  required  by  the  law.  Figures  i8and 
19  illustrate  this.  Figure  18  shows  what  is  not  per- 
mitted with  the  court  extended  down  less  than  the 
minimum  size.  Figure  19  shows  what  is  permitted 
with  the  court  extended  down  the  legal  size.  Both 
diagrams  are  "sections  through/' 

95 


A    MODEL    HOUSING    LAW 


§26 


Explana- 
tion 


§26.  AIR-INTAKES. l  In  all  dwellings  hereafter  erected 
every  inner  court  shall  be  provided  with  two2  or  more  hori- 
zontal air-intakes  at  the  bottom.3  One  such  intake  shall 
always  communicate  directly  with  the  street  or  front  yard 
and  one  with  the  rear  yard,  and  each  shall  consist  of  a  pas- 
sageway4 not  less  than  three  feet  wide  and  seven  feet  high 
which  shall  be  left  open,  or  be  provided  with  an  open  gate 

at  each  end. 

• 

NOTE  i :  The  purpose  of  this  requirement  is  to  pro- 
vide a  means  of  renewing  the  air  in  inner  courts.  Air 
currents  are  generally  horizontal;  without  these  in- 
takes or  tunnels  the  air  in  an  inner  court  is  pretty  sure 
to  be  stagnant  most  of  the  time  except  at  the  top  story. 
With  this  provision,  however,  excellent  ventilation 
is  furnished;  that  is,  as  good  ventilation  as  can  be 
obtained  through  the  use  of  courts.  This  system  has 
been  in  vogue  for  some  years  in  several  cities  and  has 
given  great  satisfaction.  A  strong  current  of  air  is  gen- 


FIGURE  20 
INTAKES 

erally  to  be  found  circulating  through  the  court.  1 1  is, 
of  course,  essential  that  the  tunnel  should  always  be 
kept  open  and  that  the  occupants  of  the  house  should 
not  be  allowed  to  obstruct  the  free  passage  of  air  by  using 
the  tunnels  as  storage  places  or  by  closing  them  up 
at  the  ends  with  solid  doors,  both  of  which  experiences 
have  been  had  in  cities  where  the  intake  is  used.  The 
tunnels  are  not  expensive;  generally  one  of  the  side 
96 


§  26  LIGHT   AND    VENTILATION 

walls  of  the  building  acts  as  one  of  the  walls  of  the  tun- 
nel, and  all  that  it  is  necessary  to  build  is  the  opposite 
wall,  which  can  be  a  partition.  It  is  better  to  build 
it  substantially  in  order  to  minimize  the  fire  danger. 
The  tunnels  are  also  an  excellent  means  of  exit  from 
the  yard  to  the  street  in  case  of  fire  and  in  the  case  of 
apartment  houses  afford  a  convenient  delivery  en- 
trance for  tradesmen.  The  above  diagram  illus- 
trates the  arrangement  of  the  intake. 

NOTE  2:  In  some  cities  there  will  be  a  good  deal 
of  opposition  to  this  requirement  with  reference  to  the 
intake  leading  to  the  street,  especially  where  it  is  de- 
sired to  use  the  ground  floor  of  the  building  for  stores 
or  shops.  In  such  cases  objection  will  be  made  to 
giving  up  the  space  necessary  for  the  intake,  on  the 
ground  that  it  will  interfere  with  the  proper  size  and 
shape  of  store  desired.  This  is  true.  Objection  will 
also  be  made  to  taking  the  intake  through  the  cellar 
in  such  cases,  because  of  the  extra  expense  involved 
in  carrying  the  court  down  to  the  cellar  level  and  the 
necessity  of  providing  an  areaway  and  grating  at  the 
front  of  the  building.  These  objections  have  a  good 
deal  of  merit.  If  it  is  desired  to  meet  them,  the  best 
way  is  to  require  but  one  intake.  In  such  case  the 
following  concession  is  suggested.  Substitute  the 
following: 

CONCESSION  i:  "§26.  AIR-!NTAKES.  In  all  dwellings  Concession 
hereafter  erected  every  inner  court  shall  be  provided  with 
one  or  more  horizontal  air-intakes  at  the  bottom.  One  such 
intake  shall  always  communicate  directly  with  the  rear 
yard  and  shall  consist  of  a  passageway  not  less  than  three 
feet  wide  and  seven  feet  high  which  shall  be  left  open,  or 
be  provided  with  an  open  gate  at  each  end/' 

NOTE  3 :  It  should  be  noted  that  the  law  is  silent  as 
to  whether  the  intake  or  tunnel  should  be  begun  at  the 
level  of  the  entrance  story  or  at  the  cellar  or  even  at 
the  second  story.  This  is  deliberate  and  great  lati- 
tude in  this  regard  is  given  to  the  owner.  The  re- 
quirements of  the  law  are  satisfied  and  the  purposes 
of  the  section  are  secured  if  the  tunnel  is  left  at  the 
bottom  of  the  court,  wherever  that  bottom  may  hap- 
pen to  be.  If  the  court  extends  down  to  the  ground, 

7  97 


A    MODEL   HOUSING    LAW 


§27 


as  is  contemplated  by  this  law,  then  the  tunnel  would 
start  either  at  the  ground  level  or  in  the  cellar. 

NOTE  4:  Permission  may  be  asked  to  use  a  metal 
duct  instead  of  the  open  passageway.  This  should 
not  be  granted  as  experience  shows  such  ducts  to  be 
unsatisfactory.  They  do  not  allow  sufficient  move- 
ment of  the  air,  as  they  often  run  with  turns  and  angles 
in  them.  Cats  crawl  into  them  and  commit  nuisances, 
and  they  become  generally  objectionable.  The 
tunnel  is  the  only  thing  that  is  adequate. 

§  27.  ANGLES  IN  COURTS.  Nothing  contained  in  the 
foregoing  sections  concerning  courts  shall  be  construed  as 
preventing  the  cutting  off  of  the  corners1  of  said  courts, 
provided  that  the  running  length  of  the  wall  across  the 
angle  of  such  corner  does  not  exceed  seven  feet.2 


REAR  YARD 


LAWFUL 

FIGURE  21 


UNLAWFUL 
FIGURE  22 


Explana- 
tion 


NOTE  i :  The  purpose  of  this  section  is  to  permit 
the  cutting  off  of  the  corner  of  a  court  so  as  to  secure 
a  window  at  an  angle,  thus  obtaining  better  light,  as 
illustrated  in  Figure  21. 

NOTE  2:  The  limitation  of  7  feet  in  length  of  the 
portion  of  the  wall  thus  set  at  an  angle  is  necessary  as 
otherwise  evasion  of  the  requirement  establishing  the 
minimum  width  of  the  court  will  be  possible;  in- 
genious architects  will  be  quick  to  seize  this  loophole 
and  plan  a  court  as  shown  in  Figure  22,  so  as  to  make 
the  wall  running  at  an  angle  practically  coincide  with 
98 


§  28  LIGHT   AND   VENTILATION 

the  entire  length  of  the  court,  thus  materially  reducing 
the  width  desired. 

§  28.  BUILDINGS  ON  SAME  LOT  WITH  A  DWELLING.*  If 
any  building  is  hereafter  placed  on  the  same  lot  with  a 
dwelling  there  shall  always  be  maintained  between  the 
said  buildings  an  open  unoccupied  space2  extending  up- 
wards from  the  ground  and  extending  across  the  entire 
width  of  the  lot.  Such  space  shall  never  be  less  than 
TWENTY  feet  in  depth;  where  both  buildings  exceed  one 
story  in  height  such  space  shall  be  not  less  than  THIRTY 
feet  in  depth;  and  if  either  building  is  four  stories  in  height 
such  open  space  shall  be  THIRTY-FIVE  feet  in  depth; 
and  such  open  space  shall  be  increased  FIVE  feet  in  depth 
throughout  its  entire  width  for  each  additional  story.  No 
building  of  any  kind  shall  be  hereafter  placed  upon  the  same 
lot  with  a  dwelling  so  as  to  decrease  the  minimum  sizes  of 
courts  or  yards  as  hereinbefore  prescribed.  No  building 
other  than  a  dwelling  or  a  building  intended  for  the  use  of 
the  occupants  of  the  dwelling  and  so  used  shall  hereafter 
be  erected  on  the  same  lot  with  a  dwelling.3  Such  build- 
ing may  be  erected  at  the  rear  lot  line,  provided  it  does  not 
exceed  two  stories  in  height  and  that  the  space  between  it 
and  all  other  buildings  on  the  lot  is  maintained  as  above 
provided.  If  any  dwelling  is  hereafter  erected  upon  any 
lot  upon  which  there  is  already  another  building,  it  shall 
comply  with  all  the  provisions  of  this  act,  and  in  addition 
the  space4  between  the  said  building  and  the  said  dwelling 
shall  be  of  such  size  and  arranged  in  such  manner  as  is 
prescribed  in  this  section,  the  height  of  the  highest  build- 
ing on  the  lot  to  regulate  the  dimensions. 

NOTE  i :    This  section  deals  with  the  evils  of  lot  Explana- 
pvercrowding,  caused  by  the  erection  of  many  build-  tion 
ings  upon  the  same  lot.     In  some  cities  where  deep 
lots  prevail  as  many  as  three  or  four  separate  build- 
ings are  sometimes  found  upon  the  same  lot.     In 
some  cases  all  these  separate  buildings  are  used  for 
dwelling  purposes,  generally  as  tenements.     The  evils 
of  the  rear  tenement  have  been  so  often  rehearsed  that 

99 


A    MODEL   HOUSING    LAW 


28 


they  need  not  be  repeated  here.  It  is  obvious  that  if 
several  buildings  are  to  be  placed  on  the  same  lot  the 
relation  of  each  building  to  the  other  must  be  carefully 
considered  and  nothing  must  be  permitted  that  would 
jeopardize  the  maintenance  of  proper  open  spaces  for 
all  of  the  buildings.  From  an  ideal  point  of  view  many 
people  would  wish  to  prohibit  by  law  the  erection  of  a 
building  upon  the  rear  of  a  lot  upon  which  there  is  a 
dwelling  in  front,  but  reflection  shows  that  this  is  not 
feasible.  Where  lots  are  deep  and  a  system  of  alleys 
prevails  the  owner  must  necessarily  have  more  than 
one  building  on  his  lot  if  he  is  to  utilize  his  land  to 
its  full  commercial  development.  Moreover,  any  ap- 
propriate scheme  for  the  treatment  of  alleys  and  their 
elimination  as  sources  of  evil  must  contemplate  the 
erection  of  dwellings  fronting  upon  the  alley.  When 
we  come  to  the  consideration  of  private  dwellings  it  is 
at  once  apparent  that  the  owners  of  high-class  pri- 
vate dwellings  must  be  permitted  to  have  garages, 
private  stables,  and  similar  buildings  at  the  rear  of 
their  lot.  This  is  the  only  place  for  them. 

NOTE  2:  It  appears,  therefore,  that  several  build- 
ings on  the  same  lot  are  an  inherent  necessity  in  many 
cases.  The  important  thing  is  to  see  that  they  are 


REAR  LINE 


REAR   LINE 


REAR  LINE 


REAR  LINE 


SOFT 


SPACE 

35  FT 


HOUSE  " 


40FT 


FIGURE  23 
SPACE  REQUIRED  BETWEEN  BUILDINGS 

not  constructed  so  as  to  become  an  evil.  This  sec- 
tion automatically  prevents  this  by  requiring  in  all 
such  cases  that  the  open  space  between  buildings 
shall  be  of  sufficient  size.  In  discussing  this  whole 
100 


28  LIGHT   AND   VENTILATION 

question  we  are  discussing  the  situation  where  one 
building  is  located  at  the  rear  of  the  other,  not  where 
two  buildings  are  side  by  side.  That  will  be  con- 
sidered later.  Where  the  two  buildings  are  located 
one  behind  the  other,  the  minimum  space  required 
to  be  left  unoccupied  between  the  buildings  is  20  feet. 
This  applies  even  to  the  case  of  one-story  structures, 
out-houses  and  sheds  of  any  kind  that  the  owner  may 
desire  to  construct.  All  of  them  must  be  kept  20  feet 
away  from  the  rear  wall  of  the  dwelling.  Where  both 
of  the  buildings  are  over  one  story  in  height,  the  dis- 
tance between  the  buildings  is  required  to  be  30  feet, 
and  if  one  of  the  buildings  is  four  stories  in  height  the 
space  between  them  must  be  35  feet,  and  must  increase 
5  feet  for  each  additional  story.  The  above  dia- 
gram illustrates  the  different  conditions  which  obtain. 

NOTE  3:  It  will  be  noted  that  in  this  section  the 
erection  of  any  building  other  than  a  dwelling  is  pro- 
hibited on  the  same  lot  with  a  dwelling,  with  the  ex- 
ception that  a  building  intended  for  the  use  of  the 
occupants  of  the  dwelling  and  so  used  may  be  erected. 
This  is  an  attempt  to  preserve  the  residence  character 
of  residence  districts  and  to  exclude  from  close  prox- 
imity to  dwellings  the  various  kinds  of  commercial 
buildings,  factories,  stables,  garages,  and  buildings  of 
a  similar  kind  which  in  such  .locations  constitute  a 
nuisance  and  render  life  extremely  objectionable  to 
the  occupants  of  the  dwelling.  This  also  in  the  case 
of  a  tenement  house  would  prohibit  a  factory  at  the 
rear  of  a  tenement  house  lot.  In  some  cities  this  has 
been  quite  a  common  type  of  construction  where  an 
old  tenement  at  the  rear  of  the  lot  has  been  turned 
into  a  sweatshop — a  condition  highly  objectionable 
both  from  the  point  of  view  of  the  welfare  of  the  oc- 
cupants of  the  tenement  house  and  also  of  the  workers 
in  the  factory. 

While  buildings  of  this  class  have  been  prohibited, 
permission  for  the  erection  of  buildings  for  the  use  of 
the  occupants  of  the  dwelling  has  been  deliberately 
given.  The  advent  of  the  automobile  makes  this 
necessary.  In  most  of  our  cities  every  dwelling  that 
is  erected  by  a  man  of  any  means  must  have  a  gar- 
age adjoining  it  for  the  housing  of  his  automobiles. 
Similarly,  private  stables  to  house  the  horses  and 
carriages  of  the  occupant  of  the  mansion  must  be 

101 


A    MODEL    HOUSING    LAW 


§28 


permitted.  Self-interest  will  indicate  the  location  of 
such  stables  at  a  sufficient  distance  from  the  house  to 
prevent  any  nuisance.  There  are  also  other  classes 
of  structures  which  the  owners  of  dwellings  may  de- 
sire to  have  erected  on  their  lot;  a  workshop  where  a 
man  who  is  interested  in  carpenter  work  can  employ 
himself  as  a  means  of  recreation;  a  private  laboratory 
for  a  scientist  who  may  wish  to  make  his  own  studies 
near  his  home;  a  children's  play  house,  and  similar 
types  of  structures  that  will  readily  occur  to  everyone. 

While  the  private  garage  and  private  stable  are  per- 
mitted on  the  same  lot,  the  public  garage  and  public 
stable  which  are  distinct  nuisances,  have  been  ex- 
cluded. 

NOTE  4:  Reference  has  been  made  in  note  2  to  the 
case  of  two  buildings  that  may  be  located  side  by 


*-        50FT       -«r        SOFT-      -»• 

•*-  IOO  FT.  -*• 

FIGURE  24 

side  upon  the  same  lot.  The  provisions  of  this  sec- 
tion are  not  intended  to  apply  to  such  cases.  This  is 
inherently  the  same  situation  as  two  adjoining  build- 
ings on  different  lots  with  side  yards  between  them, 
and  the  open  space  between  the  buildings  should  be 
treated  as  side  yards  and  regulated  in  that  way.  This 
is  done  at  once,  automatically,  if  the  owner,  for  pur- 
poses of  the  law  and  the  record,  divides  his  lot  and 
treats  it  as  two  lots.  Then  each  building  has  relation 
to  its  own  particular  lot.  This  is  an  option  which 
most  owners  will  gladly  seize,  as  it  will  impose  upon 
them  less  onerous  requirements  than  would  be  im- 
posed if  the  open  spaces  required  by  section  28  were 
made  to  apply  to  this  class  of  courts. 

NOTE  5 :   Some  confusion  has  arisen  with  regard  to 
the  treatment  of  corner  lots  where  it  is  desired  to  place 
102 


§  29  LIGHT   AND    VENTILATION 

one  building  fronting  on  one  street,  which  of  course 
will  be  directly  behind  the  building  fronting  on  the 
other  street.  It  is  not  intended  to  require  an  open 
space  of  30  feet  to  be  maintained  between  such  build- 
ings, and  in  such  cases  the  owner  should,  as  suggested 
in  note  4,  divide  his  lot  into  two  lots,  for  the  purposes 
of  the  record,  and  treat  each  building  as  on  a  separate 
lot. 

§  29.  ROOMS,  LIGHTING  AND  VENTILATION  op.1  In  every 
dwelling  hereafter  erected  every2  room3  shall  have  at  least 
one  window  opening  directly  upon  the  street,  or  upon  a 
yard  or  court  of  the  dimensions  specified  in  this  article 
and  located  on  the  same  lot,  and  such  window  shall  be  so 
located4  as  to  properly  light  all  portions  of  such  rooms. 
This  provision  shall  not,  however,  apply  to  rooms  used  as 
art  galleries,2  swimming  pools,  gymnasiums,  squash  courts 
or  for  similar  purposes,  provided  such  rooms  are  adequately 
lighted  and  ventilated  by  ventilating  skylights  in  the  roof 
thereof. 

NOTE  i :  This  section  taken  with  the  sections  regu-  EXpiana, 
lating  the  size  of  open  spaces  is  the  keystone  of  the 
arch  of  the  law.  It  is  obvious  that  we  should  permit 
no  dark  rooms  to  be  built  in  future  dwellings.  Es- 
pecial note  should  be  taken  of  the  phrase  that  the 
open  space  is  to  be  of  the  dimensions  specified  in  this 
article  and  also  that  it  is  to  be  located  on  the  same  lot. 

NOTE  2:  No  room  in  which  people  live,  not  merely 
one  in  which  they  sleep,  should  be  dependent  for  its 
sole  light  and  ventilation  upon  a  ventilating  skylight. 
Human  beings  need  more  than  light  and  air.  They 
must  have  outlook.  Rooms  of  the  type  described 
are  little  better  than  prison  cells,  and  yet  notwith- 
standing these  considerations  architects  will  be  found 
who  wish  to  construct  rooms  of  this  type  for  servants. 
It  should  not  be  permitted.  In  the  case  of  private 
dwellings  there  are  types  of  rooms  such  as  have  been 
enumerated  in  the  last  sentence  of  this  section; 
namely,  art  galleries,  swimming  pools,  squash  courts, 
etc.,  where  the  requirement  for  a  window  might  in- 
terfere with  the  primary  purpose  of  the  room.  This 
would  certainly  be  the  case  with  art  galleries.  It  will 
103 


A    MODEL    HOUSING    LAW 


§29 


do  no  harm,  therefore,  to  permit  roof  lighting  and  ven- 
tilation in  lieu  of  windows  in  such  cases. 

NOTE  3 :  The  question  will  be  raised  as  to  whether 
this  provision  applies  to  pantries  and  clothes  closets. 
Neither  of  these  is  a  room,  and  the  law  is  not  intended 
to  require  windows  in  clothes  closets.  They  would 
be  objectionable  there.  A  window  in  a  butler's  pan- 
try is  very  desirable  but  it  is  not  always  practicable 
to  provide  it  and  such  a  provision  in  the  law  would 
materially  complicate  the  planning  in  many  cases. 
It  is  not  advisable,  however,  to  put  into  this  section 
a  specific  exception  stating  that  windows  are  not  re- 
quired in  butler's  pantries  and  clothes  closets,  as  it 
might  have  the  effect  of  suggesting  to  some  of  the  un- 
scrupulous architects  who  plan  multiple  dwellings  a 
method  of  evading  the  requirements  with  regard  to 
lighting  of  rooms  by  marking  the  rooms  "closets"  and 
"pantries"  for  purposes  of  getting  the  plans  passed 
and  then  after  the  dwelling  is  erected,  building  dark 
bedrooms.  It  can  safely  be  left  to  the  enforcing  offi- 
cials to  distinguish  between  the  bona  fide  pantry  or 
clothes  closet  and  the  "fake"  one. 


&AD  LIQHTINCj  OF  ROOA/\'A"    ONE  WAY  OF  REMEDYI^  IT 
FIGURE  25 

NOTE  4:  The  requirement  that  the  windows  "shall 
be  so  located  as  to  properly  light  all  portions  of  such 
rooms"  has  been  found  necessary  in  some  cities, 
especially  in  the  case  of  multiple  dwellings  where  a 
room  is  located  with  a  window  at  the  extreme  corner 
of  it  opening  on  some  court  with  the  result  that  there 
are  portions  of  the  room  which  are  too  far  removed 
104 


§  30  LIGHT  AND   VENTILATION 

from  the  light  and  are  dim  and  shadowy.  This  re- 
quirement enables  the  enforcing  officials  to  refuse  to 
approve  the  plans  where  such  conditions  exist.  (See 
Figure  25). 

NOTE  5:  It  should  be  noted  that  the  provisions  of 
this  section  will  fully  safeguard  conditions  where  it  is 
permitted  to  cover  over  yards  or  courts,  or  a  portion 
of  them,  on  the  ground  floor.  Nothing  in  such  per- 
mission would  give  the  right  to  construct  rooms  on 
the  ground  floor  which  do  not  have  windows  opening 
on  an  open  space  of  lawful  size. 

NOTE  6:  In  some  cities  where  owing  to  high  land 
values  the  necessity  for  concentrated  housing  exists, 
types  of  multiple  dwellings  have  been  evolved  in 
which  there  are  on  each  floor  one  or  several  so-called 
"interior  apartments/'  which  have  all  their  rooms 
opening  either  on  a  court  or  on  the  side  yard.  It  is 
believed  by  some  that  it  is  bad  for  people  to  live  in 
such  homes,  without  outlook  on  either  street  or  rear 
yard.  Certainly  such  apartments  cannot  have  as 
adequate  ventilation  as  those  on  the  street  or  yard. 
If  it  is  desired  to  prohibit  these  inside  flats,  the  follow- 
ing variation  is  suggested.  Add  at  the  end  the  fol- 
lowing: 

VARIATION   i :   "In  multiple-dwellings  of  Class  A  here-  Variation 
after  erected  there  shall  be  no  apartment,  suite  or  group 
of  rooms  which  does  not  contain  at  least  one  room  open- 
ing directly  upon  the  street  or  rear  yard/' 

§  30.  WINDOWS  IN  ROOMS. 1  In  every  dwelling  hereafter 
erected  the  total  window  area  in  each  room2  shall  be  at 
least  ONE-SEVENTH  of  the  superficial  floor  area  of  the 
room,  and  the  whole  window  shall  be  made  so  as  to  open  in 
all  its  parts.3  At  least  one  such  window  shall  be  not  less 
than  twelve  square  feet4  in  area  between  the  stop  beads. 
In  multiple-dwellings  the  top  of  at  least  one  window  shall 
be  not  less  than  seven  feet  six  inches  above  the  floor. 

NOTE  i :  This  is  an  attempt  to  assure  sufficient  light  T?XT)I 
and  ventilation  in  all  rooms.     It  will  only  operate  in  tj  ^ 
the  case  of  very  large  rooms  or  where  an  attempt  might 
be  made  to  evade  the  law  by  constructing  a  long  room 
and  later  subdividing  it.     In  this  event  more  ample 
105 


A    MODEL    HOUSING    LAW  §3! 

window  space  should  be  provided.  It  will  be  seen 
at  a  glance  that  there  is  nothing  in  this  section  that 
can  be  deemed  a  hardship  by  anyone.  In  the  case 
of  a  bedroom  of  90  square  feet  the  window  would 
have  to  be  a  little  over  12  square  feet  in  area,  which  is 
about  the  usual  size.  That  would  give  a  window  2>£ 
feet  wide  and  5  feet  high. 

NOTE  2 :  The  provisions  of  this  section  are  not  in- 
tended to  apply  to  bathrooms  and  water-closet  com- 
partments. That  subject  is  treated  under  section  35. 

NOTE  3:  The  phrase  "in  all  its  parts"  means  that 
the  whole  window  shall  open.  If  the  window  is  a 
"double-hung"  sash,  both  halves  must  open  fully. 
If  the  window  is  a  casement  window  or  hinged  sash, 
the  whole  window  will  naturally  open.  Similarly, 
if  it  is  a  pivoted  sash. 

NOTE  4:  The  establishing  of  12  square  feet  as  a 
standard  does  not  mean'  that  a  room  cannot  have 
windows  less  in  size  than  this  but  that  there  must  be 
at  least  one  window  of  that  size  in  a  room.  This 
would  permit  such  further  ornamental  treatment  as 
may  be  desired  with  oval  or  fan-shaped  windows  or 
windows  of  irregular  size,  for  architectural  effect. 

§31.  ROOMS,  SIZE  OF.1  In  every  dwelling  hereafter 
erected  all  rooms,  except  water-closet  compartments  and 
bath-rooms,  shall  be  of  the  following  minimum  sizes: 
Every  room  shall  contain  at  least  NINETY  square  feet 
of  floor  area;  no  room  shall  be  in  any  part  less  than 
SEVEN  feet  wide.2  In  multiple-dwellings  of  Class  A  in 
each  apartment,  group  or  suite  of  rooms  there  shall  be  at 
least  one  room  containing  not  less  than  ONE  HUNDRED 
AND  FIFTY  square  feet  of  floor  area.3 

Explana-  NOTE  i :  Just  as  it  has  been  found  necessary  to  regu- 

late  tne  minimum  dimensions  of  open  spaces  to  fur- 
nish light  and  ventilation,  so  it  has  been  found  equally 
necessary  to  establish  the  minimum  dimensions  of 
rooms,  as  it  has  happened  that  unscrupulous  specu- 
lative builders,  especially  in  the  case  of  tenement 
houses,  and  in  many  cities  also  in  the  case  of  apart- 
ment houses,  have  built  rooms  extremely  small  in 
order  to  pack  people  in  as  closely  as  possible  and  thus 
increase  profits.  The  tendency  has  been  especially 
1 06 


§31  LIGHT   AND    VENTILATION 

manifest  in  the  case  of  servants'  rooms  in  high  class 
apartment  houses,  the  theory  having  apparently  been 
that  servants  are  not  human.  The  standard  of  90 
square  feet  as  the  irreducible  minimum  for  all  rooms, 
whether  bedrooms  or  any  other  kind,  seems  reason- 
able. Outside  of  such  cities  as  New  York  no  objection 
should  be  raised  to  this  standard.  In  fact,  it  will  be 
found  that  most  dwellings  that  have  been  erected  in 
recent  years  have  rooms  considerably  larger  than  this. 
There  will  be  one  or  two  individuals,  however,  who 
think  this  standard  too  high.  It  is  misleading  to  con- 
sider this  question  without  a  full  realization  of  what  a 
room  90  square  feet  in  area  is  like  to  live  in,  because  in 
many  multiple  dwellings  the  individual  bedrooms  are 
really  the  living  rooms  of  the  persons  who  sleep  in 
them.  It  is  especially  so  in  tenements  where  as  a 
rule  more  than  one  person  sleeps  in  each  bedroom — 


FIGURE  26 
ROOM  WITH  FURNITURE  IN  IT 

sometimes  several  people.  A  room  90  square  feet 
will  seem  a  pretty  good  sized  room  on  a  plan,  but  the 
room  assumes  less  desirability  when  considered,  as  it 
must  be,  with  the  various  articles  of  furniture  in  it 
which  are  usually  found  there.  Even  a  room  90 
square  feet  in  area  after  a  clothes  closet  or  wardrobe 
has  been  built  into  it,  thus  taking  6  square  feet  of  the 
floor  area  away,  seems  less  commodious  when  a  double 
bed,  a  bureau,  a  wash-stand,  a  chair,  a  small  table, 
and  a  trunk  are  placed  in  the  room. 

NOTE  2:  It  would  seem  that  it  should  be  unneces- 
sary to  impose  a  minimum  width  of  room,  but  experi- 
ence in  several  cities  has  shown  that  many  architects 
and  builders  have  been  willing  to  build  rooms  of  the 
most  outrageous  type — rooms  that  look  more  like 
long  corridors  or  sleeping-car  effects  than  like  living 
rooms.  These  have  been  chiefly  in  tenement  houses 
107 


A    MODEL   HOUSING    LAW 


§32 


or  servants'  rooms  in  apartment  houses.  In  order  to 
prevent  this  it  has  become  necessary  to  establish  a 
minimum  beyond  which  they  shall  not  go.  Seven 
feet  is  little  enough. 


Explana- 
tion 


FIGURE  27 
NARROW  SERVANT'S  ROOM 

NOTE  3 :  The  requirement  that  in  the  case  of  apart- 
ment houses,  flats,  and  tenement  houses  there  shall  be 
in  each  apartment  one  room  containing  1 50  square 
feet  of  floor  area  is  for  the  purpose  of  insuring  one  liv- 
ing room  of  a  reasonable  size  to  permit  proper  family 
life.  The  law  does  not  attempt  to  say  which  room  this 
shall  be.  That  is  left  to  the  architect  and  owner. 
The  room  may  be  the  parlor  or  again  it  may  be  the 
dining  room  or  kitchen.  In  the  case  of  tenements  it  is 
of  course  obvious  that  it  is  unreasonable  to  require 
each  flat  to  have  either  parlor  or  dining  room.  The 
ordinary  tenement  has  neither.  It  is  all  the  more  im- 
portant, therefore,  in  that  class  of  buildings  to  have 
the  kitchen  or  living  room  a  reasonable  size. 

§  32.  ROOMS,  HEIGHT  or.1  No  room2  in  a  dwelling  here- 
after erected  shall  be  in  any  part  less  than  NINE  feet 
high  from  the  finished  floor  to  the  finished  ceiling. 

NOTE  i :  The  minimum  height  of  9  feet  herein  es- 
tablished is  the  proper  height  to  insure  adequate  ven- 
tilation, especially  in  multiple  dwellings.  The  cus- 
tom of  building  houses  with  rooms  8  feet  high  and  8 
feet  6  inches  high  will  be  found  to  prevail  in  many 
communities,  and  opposition  to  this  requirement  out 
of  all  proportion  to  its  merits  may  be  felt.  The  saving 
to  the  builder  because  of  this  difference  in  height  is  a 
negligible  quantity.  In  the  case  of  private  dwellings 
some  owners  may,  because  they  like  a  low  room,  want 
1 08 


§  32  LIGHT   AND    VENTILATION 

to  have  their  rooms  not  more  than  8  feet  6  inches  high 
or  even  less.  In  view  of  these  considerations,  if  con- 
siderable feeling  develops,  it  will  be  wise  to  permit  a 
lower  height  of  ceiling  in  the  case  of  private  dwellings. 
The  following  concession  is  suggested.  Substitute 
for  section  32  the  following: 

CONCESSION  i:  "§32.  Rooms,  Height  of .  No  room  p 
in  a  private-dwelling  hereafter  erected  shall  be  in  any 
part  less  than  eight  feet  six  inches  high  from  the  finished 
floor  to  the  finished  ceiling.  No  room  in  a  two-family- 
dwelling  or  in  a  multiple-dwelling  hereafter  erected  shall 
be  in  any  part  less  than  nine  feet  high  from  the  finished 
floor  to  the  finished  ceiling/' 

NOTE  2:  The  question  will  arise  as  to  attic  rooms  . 
and  in  many  communities  it  will  be  strongly  desired  -^xPlana-* 
to  permit  the  erection  and  use  of  attic  rooms  which  tlon 
have  not  the  required  height.  Attic  rooms  are  seri- 
ously objectionable.  They  are  entirely  unnecessary 
in  multiple  dwellings  of  any  kind.  They  also  should 
not  be  permitted  in  two-family  dwellings.  There  is 
something,  however,  to  be  said  for  them  in  the  case 
of  private  dwellings,  provided  the  rooms  are  not  used 
as  living  rooms.  It  sometimes  happens  that  it  is 
desired  to  have  a  billiard  room,  or  a  study,  or  den  in 
the  attic  in  a  private  dwelling,  and  a  very  attractive 
room  can  be  made  under  these  conditions.  The 
danger,  however,  is  that  in  permitting  this,  other 
things  will  be  permitted  which  should  not  be  permitted, 
and  evils  will  creep  in.  It  is  almost  impossible  to 
regulate  the  use  of  a  room  after  it  is  once  constructed. 
It  would  take  an  army  of  inspectors  stationed  at  the 
building  to  stop  unlawful  use.  The  only  safe  thing  to 
do  is  not  to  permit  the  construction  of  rooms  of  an 
unsatisfactory  type.  It  is  strongly  advised  that  no 
modification  be  permitted  with  regard  to  attic  rooms. 
If,  however,  it  is  desired,  the  following  concession  is 
suggested:  In  Concession  i,  after  the  words  "eight 
feet  six  inches  high  from  the  finished  floor  to  the  fin- 
ished ceiling,"  strike  out  the  period,  insert  a  comma, 
and  insert  the  following: 

CONCESSION  2:    "except   that  an  attic  room   in  such  Concession 
dwelling  need  be  eight  feet  six  inches  high  in  but  one-half 

109 


A    MODEL    HOUSING    LAW  §  33 

of  its  area  provided  such  room  is  not  used  for  sleeping  pur- 
poses/' 

§33.  ALCOVES  AND  ALCOVE  RooMS.1  In  a  dwelling  here- 
after erected  an  alcove  in  any  room  shall  be  separately 
lighted  and  ventilated2  as  provided  for  rooms  in  the  fore- 
going sections.  Such  alcove  shall  be  not  less  than  N I N  ET Y 
square  feet  in  area.3  No  part  of  any  room  in  a  dwelling 
hereafter  erected  shall  be  enclosed  or  subdivided4  at  any 
time,  wholly  or  in  part,  by  a  curtain,  portiere,  fixed  or 
movable  partition  or  other  contrivance  or  device,  unless 
such  part  of  the  room  so  enclosed  or  subdivided  shall  con- 
tain a  separate  window  as  herein  required  and  shall  have 
a  floor  area  of  not  less  than  NINETY  square  feet. 

Explana-  NOTE  i :  This  is  a  vitally  important  section.     Un- 

tion  less  enacted  as  drawn,  all  of  the  provisions  of  the  law 

which  seek  to  secure  adequate  light  and  ventilation 
in  rooms  will  go  for  naught  because  windowless  rooms 
without  light  or  outside  ventilation  will  be  constructed 
in  large  numbers  in  the  guise  of  "  alcoves. "  The  his- 
tory of  the  experience  of  various  cities  on  this  point 
is  instructive.  In  New  York  in  1901,  in  the  desire 
to  meet  the  views  of  architects  building  high  grade 
apartment  houses,  an  attempt  was  made  to  permit 
alcoves  and  a  provision  was  formulated  by  the  then 
Tenement  House  Commission  seeking  to  do  this  and 
at  the  same  time  to  safeguard  the  situation  against 
the  evils  of  dark  rooms.  It  was  provided  that 
"where  any  room  adjoins  another  room  and  has  80 
per  centum  or  more  of  one  entire  side  open  to 
another  room  and  there  is  no  door  between,  it  shall 
be  considered  as  part  of  the  said  room.  Under  other 
circumstances  every  alcove  shall  be  deemed  a  sepa- 
rate room  for  all  purposes  within  the  meaning  of  this 
act." 

Immediately  the  speculative  builders  building  cheap 
tenement  houses  took  advantage  of  this  provision  to 
break  down  the  requirements  prohibiting  dark  and  un- 
ventilated  rooms.  Plans  were  filed  for  new  tenement 
houses  showing  one  room  in  an  apartment  with  win- 
dows opening  directly  to  the  outer  air  and  then  as 
many  as  three  alcoves  opening  from  each  of  the  other 
three  sides  of  it;  each  alcove  complying  strictly  with 
1 10 


§  33  LIGHT   AND   VENTILATION 

this  provision,  having  more  than  80  per  centum  open 
to  the  outer  room.  The  alcoves  so  constructed  were 
to  be  used  as  bedrooms,  adjoining  the  one  light  room. 
Thus  at  one  step,  the  most  serious  evils  of  the  type 
of  tenement  built  forty  years  before  were  returned  to. 
The  law  under  such  circumstances  was  manifestly 
impossible.  It  was  at  once  amended  at  the  earliest 
opportunity,  but  not  before  a  few  of  these  objection- 
able tenement  houses  had  been  built.  The  amended 
provision  was  more  simple.  It  said  "alcove  rooms 
must  conform  to  all  the  requirements  of  other  rooms." 
Even  this  amendment,  which  was  thought  to  be  clear 
cut,  definite  and  comprehensive  did  not  turn  out  to 
be  judge-proof!  It  would  have  seemed  that  un- 
der the  terms  of  this  provision  it  should  not  have 
been  possible  to  evade  the  law  and  construct  dark 
rooms  in  new  tenements  in  the  guise  of  "alcoves," 
but  it  was  attempted;  the  public  authorities  at  once 
brought  legal  proceedings  to  restrain  it,  and  then  a 
supreme  court  judge  handed  down  a  decision  in  which 
he  sustained  the  attempt  at  evasion,  the  chief  ground 
of  this  decision  being  that  an  "alcove"  was  a  differ- 
ent thing  from  an  "alcove  room"  and  that  the  law 
did  not  deal  with  alcoves  but  with  alcove  rooms. 
Nothing  short,  therefore,  of  the  concise,  definite, 
categoric,  and  comprehensive  language  used  in  sec- 
tion 33  is  adequate  to  deal  with  this  question.  Where 
similar  provisions  have  been  enacted  it  has  not  been 
found  possible  to  find  loopholes  in  them. 

NOTE  2:  The  great  objection  to  an  alcove  is  that  it 
is  bound  to  be  used  as  a  separate  room  no  matter  to 
what  extent  it  may  adjoin  another  room  nor  how  great 
an  opening  there  is  between  them  to  permit  light  and 
air  to  enter.  At  best  the  room  is  sure  to  be  too  far 
away  from  the  source  of  light  and  air  and  is  sure  to  be 
shut  off  from  the  other  room,  if  not  by  partitions  then 
by  curtains  or  portieres.  This  type  of  construction 
is  in  some  respects  worse  than  if  a  solid  partition  had 
been  erected  with  nothing  but  a  door  in  it  and  a  to- 
tally dark  room  constructed,  as  the  curtains  or  por- 
tieres are  germ  catchers  and  in  the  ordinary  flat  are 
seldom  removed  or  cleaned.  A  permanent  partition 
does  not  have  these  objectionable  qualities.  The 
chief  objection,  however,  to  this  plan  of  construction 
is  that  it  is  sure  to  result  in  people  sleeping  or  living  in 

1 1 1 


A    MODEL    HOUSING    LAW  §  33 

rooms  that  do  not  have  adequate  light  and  ventila- 
tion. 

NOTE  3:  It  should  be  carefully  observed  that  noth- 
ing in  this  section  prohibits  the  alcove  treatment  of 
rooms,  which  is  often  desired  because  of  architectural 
effect.  The  architect  is  still  free  to  utilize  such  treat- 
ment but  with  the  important  proviso  that  the  alcove 
must  have  its  own  independent  source  of  ventilation 
to  the  outer  air  and  must  not  be  less  in  size  than 
the  minimum  size  prescribed  for  rooms;  namely..  90 
square  feet.  This  is  no  hardship  as  long  as  an  archi- 
tect knows  in  advance  what  he  can  do  and  what  he 
cannot  do  and  can  adapt  his  plans  accordingly. 

NOTE  4:  That  the  fear  of  alcoves  being  improperly 
used  and  dark  rooms  being  created  is  not  a  fanciful 
one,  is  shown  by  the  experience  of  the  city  of  Brooklyn 
during  one  of  the  periods  alluded  to  in  note  i,  when 
for  a  year  or  more  the  builders  in  that  city  constructed 
what  were  known  as  "wardrobe  flats/'  Their  scheme 
to  beat  the  law  was  simple  and  ingenious.  A  builder 
would  file  a  plan  showing  a  flat  two  rooms  in  depth, 
each  room  1 1  feet  wide  by  about  30  feet  long.  One 
room  would  be  marked  "parlor"  and  the  other  "kit- 
chen." In  view  of  the  wording  of  the  law  at  that 
time,  the  public  authorities  were  forced  to  accept 
these  plans — though  they  had  their  suspicions  as  to 
what  was  contemplated — as  each  one  of  the  rooms 
complied  with  the  law,  having  windows  to  the  outer 
air,  one  opening  on  the  street,  the  other  on  the  rear 
yard.  What  happened,  however,  was  this:  After  the 
buildings  were  finished  a  wardrobe  extending  from 
the  floor  to  the  ceiling  was  erected  half  way  down  each 
of  the  rooms,  in  the  rear  room  serving  as  the  kitchen 
dresser  and  in  the  front  room  serving  as  a  general 
clothes  closet;  these  wardrobes  extended  entirely 
across  the  room  in  a  direction  parallel  to  the  front  and 
rear  walls  of  the  building,  leaving  the  usual  space  for 
a  passage  way,  practically  a  door  opening,  at  one  side. 
By  this  simple  device  the  builder  had  created  four 
rooms  out  of  two  and  had  two  dark  bedrooms  in  each 
flat.  Fifty  per  cent  of  all  the  rooms  were  windowless 
and  without  either  light  or  air,  thus  returning  to  the 
worst  type  of  house  that  had  been  erected  in  that  city 
and  which  had  been  outlawed  some  thirty  years  back. 
The  houses  were  rented  as  "wardrobe  flats."  The 

I  12 


§  33  LIGHT   AND    VENTILATION 

tenants  of  course  did  not  know  what  had  happened. 
Finding  the  flats  for  rent  and  seeing  a  certificate  from 
the  city  department  that  the  buildings  complied  with 
the  law,  as  they  did  before  these  wardrobes  were 


FIGURE  28  FIGURE  29 

"WARDROBE  FLATS" 

erected,  they  rented  the  apartments.  So  skilful  did 
the  builders  become  in  this  device  that  they  even 
went  one  step  further  and  hinged  these  wardrobes  so 
that  when  the  city  inspector  should  come  to  inspect 
the  apartment  the  wardrobes  would  be  swung  back 
8  113 


A    MODEL    HOUSING    LAW  §  34 

against  the  kitchen  or  parlor  wall  as  the  case  might 
be  and  thus  be  held  to  be  a  piece  of  movable  furniture 
and  not  a  permanent  partition.  The  drawings  on 
page  113  show  clearly  what  was  done.  Figure  28 
shows  the  plan  as  filed  and  approved.  Figure  29 
shows  the  changes  that  were  made  by  the  installa- 
tion of  the  wardrobes. 

NOTE  5 :  Care  should  of  course  be  taken  in  enforc- 
ing this  section,  that  it  should  not  be  done  in  a  tech- 
nical way,  resulting  in  absurdities.  Small  recesses  in 
rooms  which  are  solely  for  architectural  treatment, 
shallow  in  depth  and  not  extending  back  from  the 
wall  more  than  a  few  inches,  sometimes  for  the  pur- 
pose of  placing  a  piano,  should  of  course  be  permitted. 
Common  sense  must  be  used  in  the  enforcement  of 
this  section  as  well  as  in  the  whole  law.  The  test  is 
whether  these  slight  recesses  are  susceptible  of  treat- 
ment as  a  separate  room.  If  so,  they  should  not  be 
permitted.  If  the  recess  is  very  slight  and  cannot 
be  used  for  a  bed  or  couch  or  in  any  other  way  as  a 
separate  room  it  can  do  no  harm  to  permit  it.  This 
is  not  a  question  that  can  be  dealt  with  in  the  statute. 
It  must  be  left  to  the  intelligent  interpretation  of  the 
law  by  the  enforcing  officials. 

§  34.  PRIVACY.1  In  every  dwelling  hereafter  erected, 
access  to  every  living  room  and  to  every  bedroom  and  to 
at  least  one  water-closet  compartment  shall  be  had  with- 
out passing  through  a  bedroom.2 

Explana-  NOTE  i :  This  does  not  mean  that  there  must  be  a 

tion  private  hall  provided  for  each  apartment  in  multiple 

dwellings.  It  means  that  the  rooms  shall  be  so  ar- 
ranged that  access  to  the  bedrooms  and  to  at  least  one 
water-closet  compartment  shall  be  either  through  the 
kitchen,  parlor,  library,  dining  room,  or  private  hall 
if  there  is  one.  Nor  does  it  mean  that  where  there 
are  several  bathrooms  and  water-closet  compartments 
access  to  every  one  of  these  shall  be  had  without  pass- 
ing through  a  bedroom,  but  that  there  shall  be  at  least 
one  water-closet  to  which  access  may  thus  be  had. 
This  provision  is  made  especially  necessary  in  the  case 
of  tenement  houses,  because  of  the  practice  of  tenants 
taking  lodgers  and  boarders  into  their  apartments. 
114 


35 


LIGHT   AND    VENTILATION 


NOTE  2 :  This  provision  does  not  mean  that  a  bed- 
room cannot  adjoin  a  water-closet  or  bathroom  and 
have  direct  access  to  it.  It  simply  means  that  people 
not  utilizing  that  bedroom  shall  not  have  to  pass 
through  it  to  get  to  the  water-closet.  The  following 
sketch  shows  what  is  meant.  Access  from  bedroom 
No.  i  to  the  water-closet  is  lawful.  Access  from  bed- 
room No.  2  through  bedroom  No.  i  is  unlawful. 


PLAN 


CORRIDOR. 


T~ 

BED  ROOM    BED  ROOM 

\ 

L— 
V  @l 

ID 

1  \V  •—  — 

5 
HOI 

TREE 
'EL  R 

IWI  

r 

OOMS 

PLAN 


BATH 

c* 

D 

0 

BED^i 
ROOM1 

u 

BED* 

ROOM  2 

KITCHEN 

PARLOR, 

ROOMS   IN  A  FLAT 
UNLAWFUL 


FIGURE  30 


§  35.  WATER-CLOSET  COMPARTMENTS  AND  BATH- 
ROOMS, LIGHTING  AND  VENTILATION1  OF.  In  every  dwell- 
ing hereafter  erected  every  water-closet  compartment 
and  bath-room3  shall  have  at  least  one  window  opening 
directly2  upon  the  street,  or  upon  a  yard  or  court  of  the 
dimensions  specified  in  this  article  and  located  on  the  same 
lot.  No  such  window  shall  be  less  in  size  than  THREE4 
square  feet  between  stop-beads,  and  the  aggregate  area 
of  windows  for  each  water-closet  compartment  shall  be  not 
less  than  SIX  square  feet  between  stop-beads.  Every 
such  window  shall  be  made  so  as  to  open  in  all  its  parts. 
Nothing  in  this  section  contained  shall  be  construed  so  as 
to  prohibit  a  general  toilet  room5  containing  several  water- 
closet  compartments  separated  from  each  other  by  dwarf 
partitions,  provided  such  toilet  room  is  adequately  lighted 
and  ventilated  to  the  outer  air  as  above  provided,  and  that 
such  water-closets  are  supplemental  to  the  water-closet 


A    MODEL   HOUSING    LAW  §35 

accommodations  required  by  the  provisions  of  section 
forty-five.6 

Explana-  NOTE  i :  This  is  an  important  phase  of  house  plan- 

tion  ning  concerning  which  many  of  our  American  archi- 

tects need  to  be  educated.  Many  of  them  apparently 
do  not  realize  the  vital  importance  of  light  and  es- 
pecially the  germicidal  effect  of  direct  sunlight  in 
water-closets,  particularly  in  the  homes  of  the  poor. 
The  importance  of  direct  sunlight  in  water-closet  com- 
partments in  all  classes  of  buildings  cannot  be  over- 
stated. In  tenement  houses  and  single-family  houses 
in  which  poor  people  dwell  the  greatest  abuses  are 
generally  found  in  the  dark  water-closet.  Conditions 
here  are  as  a  rule  indescribable.  It  is  because  of  this 
that  most  sanitary  authorities  have  for  years  pro- 
hibited cellar  water-closets.  Even  in  the  home  of  the 
educated  and  well-to-do  person  direct  sunlight  is  es- 
sential in  the  water-closet  and  bathroom.  If  there  is 
sickness  in  the  family  here  is  the  danger  of  contagion, 
especially  in  cases  of  tuberculosis,  typhoid  fever,  and 
so  on,  as  the  slop  emptyings  will  take  place  in  the 
bathroom. 

NOTE  2:  Equally  important  is  the  ventilation  of 
such  rooms  directly  to  the  outer  air.  Apparently 
few  architects  as  yet  know  of  the  recent  discoveries 
with  regard  to  the  principles  of  ventilation,  which 
have  completely  reversed  much  that  had  previously 
been  held  on  this  subject.  The  average  architect, 
it  would  seem,  has  not  heard  of  the  two  vital  principles 
necessary  to  insure  proper  health;  namely,  the  pre- 
vention of  excessive  temperature  and  constant  move- 
ment of  the  air.  The  best  means  of  renewing  the  air 
is  by  a  window.  The  only  satisfactory  method  of  se- 
curing movement  of  air  is  also  by  windows.  No  arti- 
ficial system  of  ventilation  that  has  been  devised  is 
equally  satisfactory  even  when  well  installed  and  care- 
fully managed  and  supervised.  So  far  as  tenement 
houses,  flats,  and  apartment  houses  are  concerned, 
the  building  community  has  apparently  become  ac- 
customed to  the  requirement  that  water-closets  in 
such  buildings  shall  have  direct  means  of  ventilation 
to  the  outer  air,  but  even  here  there  are  architects 
who  would  wish  to  construct  water-closets  entirely 
without  such  means,  relying  upon  artificial  light  and 
116 


§35  LIGHT   AND   VENTILATION 

artificial  systems  of  ventilation.  It  will  not  do,  how- 
ever, to  permit  any  such  sanitary  standards  to  be 
adopted. 

NOTE  3:  This  subject  assumes  especial  significance 
in  the  case  of  the  modern  high-class  hotel,  in  which 
practically  every  bedroom  is  provided  with  its  private 
bathroom.  A  saving  of  space  will  undoubtedly  re- 
sult and  the  building  can  be  planned  with  much  greater 
ease  and  will  present  fewer  problems  to  the  architect 
if  he  can  construct  his  bathrooms  away  from  the  outer 
walls  and  without  direct  ventilation.  As  the  result  of 
such  saving  of  space  more  rooms  can  be  provided  and 
larger  profits  secured  for  the  investor.  The  question 
is,  therefore,  in  such  buildings  an  important  economic 
one.  But  the  disadvantages  of  such  a  method  of  con- 
struction from  a  sanitary  point  of  view  far  outweigh 
the  commercial  advantages.  What  determines  the 
decision  in  this  matter  is  not  whether  the  investor  can 
secure  increased  profits  by  this  method  of  construc- 
tion but  whether  the  prohibition  of  the  objectionable 
method  of  construction  will  have  the  effect  of  making 
it  impossible  to  construct  a  building  of  this  kind  and 
have  it  commercially  profitable.  No  one  claims  this 
nor  could  such  claim  be  effectively  sustained.  There 
have  been  too  many  modern  hotels  of  the  very  highest 
class  erected  in  recent  years  in  our  largest  cities  where 
each  bedroom  has  its  own  private  bathroom  and 
where  every  bathroom  has  direct  outside  ventilation 
to  make  any  such  claim  tenable  for  a  moment.  From 
a  sanitary  point  of  view  it  is  especially  important 
that  bathrooms  and  water-closets  in  hotels  should 
have  direct  outside  ventilation.  The  hotel  from  the 
point  of  view  of  spreading  disease  is  far  more  dan- 
gerous than  any  other  class  of  building  because  of  its 
transient  occupancy.  A  guest  occupies  a  room;  the 
landlord  does  not  know  that  the  guest  is  suffering  from 
tuberculosis;  he  may  be  careless  with  his  sputum  and 
deposit  it  on  the  floor  of  the  bathroom.  If  the  bath- 
room is  an  "inside"  room,  there  is  no  opportunity  for 
the  sunlight  or  air  to  get  at  the  germs  and  kill  them. 
Similarly  with  every  communicable  disease.  The  in- 
side bathroom  is  objectionable  from  another  point  of 
view,  in  that  it  means  excessive  heat  and  no  movement 
of  air;  that  is,  it  presents  the  two  methods  of  bad 
ventilation  which  are  considered  by  present-day  ex- 

117 


A    MODEL    HOUSING    LAW  §35 

perts  as  representing  the  worst  forms  of  the  problem. 
No  matter  what  system  of  artificial  ventilation  is  pro- 
vided, there  is  no  adequate  means  of  frequent  re- 
newal of  the  air  nor  any  means  of  reducing  excessive 
heat,  owing  to  the  steam  vapor  that  arises  from  the 
hot  water  supply  when  a  hot  bath  is  drawn.  The 
room  is  apt  to  hold  for  a  long  time  an  excessive  amount 
of  moisture  and  high  temperature,  all  of  which  have  a 
debilitating  and  injurious  effect  upon  the  system.  In 
winter  if  the  steam  pipes  run  through  such  an  inside 
bathroom  it  is  practically  impossible  to  cool  it  and  it 
becomes  extremely  uncomfortable  for  the  occupant 
of  the  room  who  is  compelled  to  use  it.  For  all  these 
reasons  there  should  be  no  hesitation  whatever  in 
opposing  any  plea  for  permission  to  construct  inside 
bathrooms  or  water-closets  in  future  hotels. 

NOTE  4:  It  should  be  noted  that  the  minimum  area 
of  window  space  required  is  6  square  feet.  The  prac- 
tice heretofore  has  been  to  construct  windows  of 
bathrooms  and  water-closet  compartments  too  small. 
Such  small  windows  do  not  afford  sufficient  light  or 
ventilation.  There  is  no  difficulty  at  all  in  construct- 
ing larger  windows.  It  is  simply  a  case  of  following 
the  custom.  From  an  architectural  point  of  view  the 
appearance  of  the  front  of  the  building  is  greatly  im- 
proved by  having  the  bathroom  windows  correspond 
to  the  other  windows  of  the  dwelling  in  size  and  ar- 
rangement. This  is  easily  possible  as  bathrooms  are 
always  of  sufficient  width  to  permit  it.  The  extra 
cost  is  but  slight,  as  windows  are  generally  as  cheap  as 
wall.  This  section  does  not  permit  any  window  less 
than  3  square  feet.  It  requires  6  square  feet  of  win- 
dow surface  in  the  bathroom  or  water-closet.  The 
required  window  area  may  be  in  one  window  or  in  two. 

NOTE  5:  In  hotels  and  similar  multiple  dwellings 
it  is  quite  common  to  have  general  toilet  rooms  on  the 
ground  floor,  or  in  the  basement  or  cellar,  or  on  some  of 
the  upper  stories  for  the  use  of  guests  and  the  public. 
Unless  special  provision  were  made  in  this  section, 
as  is  done  in  the  last  sentence,  it  would  not  be  possible 
to  have  these  general  toilet  rooms,  as  each  water- 
closet  compartment  would  have  to  be  provided  with 
a  separate  window.  This  is  not  necessary  where  a 
general  toilet  room  is  adequately  lighted  and  ven- 
tilated to  the  outer  air  and  where  the  individual 

118 


§36 


LIGHT   AND    VENTILATION 


toilet  compartments  are  separated  by  dwarf  partitions. 
This  exception  as  to  the  method  of  lighting  and  ven- 


FIGURE  31 

tilating  water-closet  compartments  in  no  way  affects 
the  requirement  that  in  certain  kinds  of  multiple 
dwellings,  namely,  tenement  houses,  flats,  and  apart- 
ment houses,  each  family  shall  have  its  own  private 
water-closet  located  within  the  apartment.  This  is 
governed  by  the  provisions  of  section  45. 

NOTE  6:  It  frequently  happens,  especially  in  the 
case  of  hotels,  that  it  is  desired  to  locate  a  group  of 
water-closets  at  the  bottom  of  a  court  which  is  covered 
over  on  the  ground  floor  in  this  way  and  using  as  a 
roof  to  the  water-closet  compartment  a  ventilating 
skylight.  Such  a  method  of  construction  will  pro- 
vide adequate  light  and  ventilation  and  should  be 
permitted.  If  it  is  desired  to  permit  courts  to  be  built 
over  on  the  ground  floor  and  utilized  in  this  way,  the 
following  concession  is  suggested.  Add  at  the  close 
of  section  35  the  following: 

CONCESSION  i :  "In  hotels  hereafter  erected,  in  the  case  Concession 
of  water-closets  located  on  the  top  floor  or  at  the  bottom 
of  a  court,  a  ventilating  skylight  open  to  the  sky  may  be 
used  in  lieu  of  the  windows  required  by  this  section/' 

§  36.  PUBLIC  HALLS.1  In  every  dwelling  hereafter  erected 
every  public  hall  shall  have  at  each  story  at  least  one  window 
opening  directly  upon  the  street  or  upon  a  yard  or  court 
of  the  dimensions  specified  in  this  article  and  located  on 
the  same  lot.  Such  window  shall  be  at  the  end3  of  said 
hall  with  the  natural  direction2  of  the  light  parallel  to  the 
hall's  axis.  Any  part  of  a  public  hall  which  is  offset  or 
recessed4  or  shut  off  from  any  other  part  of  said  hall  shall 

119 


A    MODEL   HOUSING    LAW  §  36 

be  deemed  a  separate  hall  within  the  meaning  of  this  sec- 
tion and  shall  be  separately  lighted  and  ventilated. 

Explana-  NoTE  l :   Tne  evils  of  dark  public  halls,  especially 

tion  in  tenement  houses,  can  hardly  be  overstated.     Dark- 

ness and  dirt  usually  go  hand  in  hand.  This  is  es- 
pecially true  of  the  public  parts  of  a  building  used 
in  common  by  many  individuals  and  with  the  re- 
sponsibility for  their  care  divided  among  several 
people.  Where  the  light  streams  in,  conditions  of 
filth  are  seldom  found  as  people  are  ashamed  of  such 
conditions  when  they  are  visible  to  themselves  and 
to  others.  From  the  point  of  view  of  danger  from  the 
spread  of  communicable  disease,  light  public  halls  are 
equally  necessary.  The  germs  of  tuberculosis  cannot 
live  in  strong  sunlight  more  than  a  few  moments,  but 
have  singular  persistency  in  damp  or  dark  places  and 
live  for  a  long  time.  From  the  point  of  view  of  pub- 
lic morals,  dark  public  halls  are  equally  objectionable. 
To  them  are  directly  traceable  in  numerous  instances 
cases  of  grave  immorality.  Being  open  to  the  street 
as  they  are  in  the  ordinary  tenement  house,  they  are 
entered  by  tramps  and  other  irresponsible  persons 
and  all  sorts  of  nuisances  are  frequently  committed. 

NOTE  2:  The  phrase  "natural  direction  of  the 
light"  may  seem  puzzling  at  first.  In  the  case  of 
light  coming  from  an  inner  court  there  is  no  natural 
direction  of  the  light,  as  all  the  light  comes  over  the 
roof.  In  the  case  of  an  outer  court,  however,  the 
natural  direction  of  the  light  is  a  line  parallel  to  the 
axis  of  the  court;  that  is,  at  right  angles  to  the  open 
end  of  the  court. 

NOTE  3:  This  provision  will  be  held  to  be  drastic 
by  architects  who  are  planning  hotels,  as  the  effect  of 
it  is  to  require  a  window  at  the  end  of  the  public  hall 
so  that  the  light  and  air  may  stream  through  all  its 
parts,  instead  of  permitting  a  window  at  one  side. 
The  reason  for  this  is  that  the  light  that  is  thus  re- 
ceived will  only  light  a  short  part  of  the  hall,  nor  will 
such  a  window  permit  free  movement  of  the  air. 
What  is  desired  is  light  that  will  light  every  portion  of 
the  hall,  and  ventilation  which  will  permit  the  air  to 
blow  through  the  hall  and  blow  out  all  foul  odors  and 
completely  renew  the  air.  This  is  especially  neces- 
sary in  hotels  where  the  public  halls,  as  a  rule,  re- 
120 


§36 


LIGHT   AND   VENTILATION 


ceive  the  foul  air  from  the  numerous  bedrooms  open- 
ing upon  them.  Owing  to  the  transient  nature  of  the 
occupancy  of  hotel  rooms  and  the  increased  danger  of 
the  transmission  of  communicable  disease,  the  public 
hall  becomes  a  special  danger  point  in  buildings  of  this 
class.  Heretofore  the  usual  type  of  public  hall  in 
the  high  class  hotel  has  been  one  that  is  quite  dark, 
depending  chiefly  on  electric  light  for  its  light  and 
on  artificial  ventilation  for  its  air.  Such  halls  are  as 
a  rule  stuffy  and  filled  with  odors.  Recently  hotel 
proprietors  have  begun  to  see  the  unwisdom  of  this 
type  of  construction  and  are  providing  better  lighting 
and  ventilation.  The  following  diagram  shows  the 


ELEVATORS 
C 


ELEVATORS 


XIX  CLQ5! 

ROOM 

PUBLIC  HALL 

ROOM 

t]  PUBLIC  HALL 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

STREET  OR  COURT  $  ^ 

>W03 

RTOOM 

STREET 

PUBLIC  HALL 

R.OOM 

EOOM 

PUBLIC  HALL 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOA* 

ROOM 

R,OQM 

ROOM 

ROOM 

ROOM 

1 

s 

PUBLIC  HALL 

I 

1 

o 

2 

1 
§ 

1 

§ 

STREET  ^w 
As  IT  SHOULD  5E 

FIGURE  32 


STREET 

THE  USUAL    HOTEL  CORRIDOR 
UNLAWFUL 

FIGURE  33 


method  of  lighting  and  ventilating  public  halls  made 
compulsory  by  this  section  (Figure  32),  while  Figure 
33  illustrates  the  method  of  side  lighting  which  is 
frequently  employed  and  which  is  forbidden  by  this 
section. 

NOTE  4:  Particular  objection,  especially  in  the  case 
of  hotels,  will  be  made  to  the  last  sentence  of  this  sec- 
tion which  requires  any  portion  of  a  public  hall  run- 
ning at  an  offset  from  the  main  hall  to  be  treated  as  a 
separate  hall  and  to  be  separately  lighted  and  ven- 

121 


A    MODEL    HOUSING    LAW  §  37 

tilated.  In  the  case  of  hotels  this  involves  a  sacrifice 
of  floor  space,  as  is  at  once  seen  by  reference  to 
the  diagrams.  Figure  33  shows  the  ordinary  type 
of  public  hall  frequently  found  in  the  modern  high- 
class  hotel.  It  will  be  seen  that  even  where  the  main 
hall  is  properly  lighted  and  ventilated  by  a  window 
at  the  end,  there  are  what  may  be  termed  side  corri- 
dors giving  access  to  numerous  rooms  which  run  in  a 
direction  at  right  angles  to  the  main  corridor  and 
which  have  no  means  of  light  and  ventilation  other 
than  artificial  ones.  It  is  definitely  intended  by  this 
section  to  make  this  type  of  construction  impossible 
in  the  future. 

It  will  at  once  be  seen  that  this  involves  a  material 
sacrifice  of  floor  space,  yet  if  we  are  to  have  really 
proper  ventilation  and  lighting  of  public  halls  in 
hotels  nothing  else  can  be  permitted. 

These  considerations  will  not  be  found  to  apply  to 
the  same  extent  in  other  classes  of  buildings;  in  the 
case  of  both  apartment  houses  and  tenement  houses, 
the  plan  will  naturally  be  so  arranged  as  to  do  away 
with  long  public  halls  because  of  the  waste  of  space 
involved  in  such  arrangement.  In  private  dwellings 
and  two-family  houses  there  will  be  no  public  halls; 
the  halls  will  be  private  halls  and  this  section  will 
therefore  not  apply  to  them. 

If  it  is  desired  to  make  concessions  to  the  persons 
interested  in  building  hotels  the  following  modification 
can  be  employed,  although  any  change  in  this  respect 
is  advised  against.  After  the  words  "parallel  to  the 
hall's  axis/'  insert  the  following: 

Concession  CONCESSION  i :  "  In  the  case  of  hotels  hereafter  erected, 
in  lieu  of  the  requirement  for  one  window  at  the  end  of 
each  hall,  there  may  be  windows  located  at  the  side  of 
such  hall,  provided  there  shall  be  at  least  one  such  window 
in  every  twenty  feet  in  length  or  fraction  thereof  of  said 
hall ;  and  each  such  window  shall  open  directly  upon  the 
street  or  upon  a  yard  or  court  of  the  dimensions  specified 
in  this  article  and  located  on  the  same  lot." 

§  37.  WINDOWS  AND  SKYLIGHTS  FOR  PUBLIC  HALLS. 1  In 
dwellings  hereafter  erected  one2  at  least  of  the  windows  pro- 
vided to  light  each3  public  hall  or  part  thereof  shall  be  at 

122 


§  37  LIGHT   AND    VENTILATION 

least  TWO  FEET  SIX  INCHES  wide  and  FIVE  feet 
high,  measured  between  stop-beads.  In  every  multiple- 
dwelling  hereafter  erected  there  shall  be  in  the  roof  di- 
rectly over  each  stairwell,  a  ventilating  skylight4  provided 
with  ridge  ventilators  having  a  minimum  opening  of 
FORTY  square  inches,  or  such  skylight  shall  be  provided 
with  fixed  or  movable  louvres.5 

NOTE  i :  It  should  be  observed  that  this  provision 
for  ventilating  skylights  applies  only  to  public  halls. 
It  will  therefore  not  apply  in  the  case  of  private  dwell- 
ings and  two-family  dwellings. 

NOTE  2:  This  provision  does  not  prevent  any  num- 
ber of  windows  of  a  less  size  than  the  size  prescribed 
if  it  is  desired  to  have  round,  oval,  or  other  shaped 
windows  for  architectural  effect.  All  that  it  requires 
is  that  there  shall  be  at  least  one  window  of  the  re- 
quired size  in  each  public  hall. 

NOTE  3 :  This  limitation  as  to  minimum  size  applies 
to  each  public  hall;  that  is,  to  the  hall  at  every  story. 

NOTE  4:  It  may  be  thought  by  some  that  if  a  pub- 
lic hallway  is  thus  adequately  provided  with  windows, 
a  ventilating  skylight  in  the  roof  is  unnecessary.  This 
view  is  erroneous.  A  ventilating  skylight  is  needed 
in  addition  to  the  window  ventilation  for  two  reasons. 
First,  in  tenement  houses  and  also  in  many  flats, 
apartment  houses,  and  even  in  hotels,  hall  windows 
will  not  always  be  left  open  with  sufficient  frequency 
to  renew  the  air.  The  ventilating  skylight  insures 
always  a  certain  amount  of  ventilation  and  the  carry- 
ing off  of  the  vitiated  air.  Second,  the  ventilating 
skylight  is  an  important  element  in  case  of  fire  as  it 
will  allow  the  smoke  and  flames  to  be  vented  at  the 
roof  and  will  thus  have  a  tendency  to  prevent  the  fire 
from  "mushrooming"  out  on  each  floor  and  spreading 
laterally  into  the  apartments  and  rooms. 

NOTE  5 :  It  will  not  do  to  require  the  louvres  in  the 
skylight  to  be  fixed  because  in  the  case  of  a  steam- 
heated  hall  this  would  mean  the  loss  of  all  the  heat. 
The  law  gives  the  owner  the  option  of  using  either 
fixed  or  movable  louvres.  The  louvre  is  a  slat  sim- 
ilar to  those  often  seen  in  a  church  belfry.  The 
amount  of  opening  of  40  square  inches  provided  in  the 
ridge  ventilator  will  be  found  to  be  very  small  and 
123 


A    MODEL   HOUSING    LAW  §§  38,  39 

will  not  in  any  way  interfere  with  the  plan  of  maintain- 
ing steam-heated  halls  where  that  is  desired,  and  yet 
this  amount  of  opening  will  insure  a  certain  amount  of 
continuous  and  permanent  ventilation  of  the  hall. 

§  38.  WINDOWS  FOR  STAIR  HALLS,  SIZE  OF.1  In  every 
multiple-dwelling  hereafter  erected  there  shall  be  provided 
for2  each  story  at  least  one3  window  to  light  and  ventilate 
each  stair  hall  which  shall  be  at  least  THREE  feet  wide 
and  FIVE  feet  high,  measured  between  the  stop-beads.  A 
sash  door4  shall  be  deemed  the  equivalent  of  a  window 
in  this  and  the  two  foregoing  sections,  provided  that  such 
door  contains  the  amount  of  glazed  surface  prescribed  for 
such  windows. 

Explana-  NOTE  i :  This  provision  applies  to  stair  halls  and  is 

intended  to  secure  separate  and  adequate  means  of 
lighting  all  stair  halls  irrespective  of  the  means  of 
lighting  and  ventilation  provided  for  the  public  halls. 
The  same  considerations  which  apply  to  the  mainten- 
ance of  light  conditions  in  public  halls  apply  equally 
to  stair  halls  with  the  additional  fact  that  a  light  stair 
hall  is  essential  if  the  stairs  are  to  be  used  as  a  means 
of  egress  in  case  of  fire. 

NOTE  2:  It  should  be  noted  that  this  requirement 
does  not  necessitate  the  window  of  the  stair  hall  being 
at  or  on  each  story,  but  there  must  be  one  such 
window  for  each  story;  that  is,  the  window  may  be 
on  the  stair  landing,  half  way  between  the  two  stories 
throwing  its  light  both  up  and  down  the  stairs.  This 
is  an  excellent  type  of  construction  and  should  be  per- 
mitted. 

NOTE  3 :  This  provision  does  not  interfere  with  the 
use  of  small  oval,  round  or  other  irregular-shaped 
windows  that  may  be  desired  for  architectural  treat- 
ment. All  that  it  requires  is  that  at  least  one  window 
for  each  story  shall  be  of  the  minimum  size  provided. 

NOTE  4:  It  is  often  desired  to  use  a  French  window 
treatment  for  architectural  effect,  also  to  use  sash 
doors.  Both  of  these  forms  of  construction  should  be 
permitted  provided  the  adequate  amount  of  lighting 
and  ventilation  can  be  secured. 

§  39.  OUTSIDE  PORCHES.  1     In  dwellings  hereafter  erected, 

124 


§  39  LIGHT   AND    VENTILATION 

roofed-over  outside  porches  which  extend  above  the  top 
of  the  entrance  story  shall  not  be  erected  outside  of  and 
adjoining  windows  required  by  this  act  for  the  lighting 
or  ventilation  of  rooms  or  halls2;  they  may,  however,  open 
from  windows  supplementary  to  those  required  by  law, 
provided  they  do  not  diminish  the  legal  light  or  ventilation 
of  such  rooms.  The  term  "outside  porches"  shall  include 
outside  platforms,  balconies  and  stairways.  All  such  out- 
side porches  shall  be  considered  as  part  of  the  building  and 
not  as  part  of  the  yards  or  courts  or  other  unoccupied 
area.3 

NOTE  i :  In  a  number  of  cities  the  outside  porch  Explana- 
has  become  more  or  less  of  a  fixed  habit.  Such  tion 
porches  on  the  ground  floor  at  the  front  or  rear  of  a 
private  dwelling  are  as  a  rule  unobjectionable.  Al- 
though they  do  to  some  extent  darken  the  rooms  from 
which  they  open,  there  are  in  such  houses  as  a  rule 
other  windows  for  the  rooms  in  question  additional 
to  those  required  by  law.  It  will  of  course  not  do  to 
prohibit  outside  porches.  When  extended  up  in  the 
air,  however,  the  outside  porch  becomes  a  serious  evil. 
This,  unfortunately,  has  become  a  firmly  established 
type  of  construction  in  a  number  of  cities,  both  in  the 
case  of  two-family  dwellings  and  also  in  tenements 
and  flats.  It  is  a  common  feature  of  the  "three- 
decker,"  which  is  usually  provided  with  a  system  of 
outside  wooden  balconies  connected  with  wooden 
stairs  at  the  rear  of  the  building.  The  type  is  objec- 
tionable from  a  number  of  points  of  view.  In  the 
first  place,  the  wooden  balconies  frequently  extend  so 
far  from  the  rear  wall  of  the  building  that  they  greatly 
darken  the  living  rooms  opening  upon  them,  thus 
creating  one  or  more  dark  or  dim  rooms  on  each  floor. 
They  are  also  very  unsightly  as  they  become  a  sort  of 
"lumber  room"  and  have  stored  on  them  the  numer- 
ous articles  that  accumulate  in  a  household.  Here 
may  be  seen  refrigerators,  rocking  horses,  step-ladders, 
pails,  baskets,  boxes,  and  so  forth.  Being  of  wood  and 
connected  with  wooden  stairs  and  containing  these 
accumulations  of  inflammable  material,  they  are  a 
distinct  source  of  danger  in  case  of  fire.  In  parts  of 
the  country  where  the  weather  is  severe  in  the  winter, 
125 


A    MODEL    HOUSING    LAW  §  39 

the  outside  porches  are  frequently  enclosed  with 
glass  and  wooden  partitions  throughout  five  months 
of  the  year  and  in  some  cities  are  kept  enclosed  prac- 
tically throughout  the  year.  The  result  is  that  the 
rooms  from  which  they  open,  which  were  erected  as 
outside  rooms  and  intended  to  have  direct  sunlight 
and  fresh  air,  are  deprived  of  both. 

The  one  advantage  claimed  for  this  type  of  con- 
struction is  that  it  enables  people  to  sleep  out  of  doors 
and  to  live  out  of  doors  more  than  they  otherwise 
would.  This  is  to  some  extent  true.  Careful  obser- 
vation, however,  does  not  bear  out  the  contention 
that  these  balconies  are  used  to  any  great  extent  as 
sleeping  porches  nor  do  the  members  of  the  household 
use  them  much  for  living  purposes  in  the  day  time  ex- 
cept in  the  hottest  summer  months. 

It  is  obvious  that  there  is  little  use  in  setting  down 
in  the  law  with  minute  care  the  sizes  of  open  spaces 
upon  which  rooms  may  open  and  the  minimum  di- 
mensions of  the  rooms  themselves  in  order  to  furnish 
proper  light  and  ventilation  to  the  people  living  in 
them,  if  at  the  same  time  it  is  possible  to  render  nuga- 
tory all  of  these  effects  by  the  erection  on  the  outside 
of  the  building  of  what  is  practically  another  room, 
shutting  off  light  and  air  and  thus  turning  outside 
rooms  into  inside  rooms  with  neither  proper  light  nor 
ventilation. 

NOTE  2:  It  should  be  observed  that  this  section 
does  not  prohibit  the  use  of  outside  porches  or  stairs, 
but  does  require  that  they  shall  not  interfere  with  the 
lighting  and  ventilation  of  rooms  and  halls. 

NOTE  3:  If  concession  i  noted  in  subdivision  16 
of  section  2  is  made,  the  following  concession  should 
be  made  here.  In  the  last  sentence  after  the  word 
"porches"  insert  a  comma  and  add  the  following: 

C          i  n         CONCESSION  i:    "except  as  otherwise  provided  in  sub- 
division sixteen  of  section  two," 


126 


40,4!  SANITATION 


TITLE  2 
SANITATION 

§  40.  CELLAR  ROOMS.  In  dwellings  hereafter  erected  no 
room  in  the  cellar  shall  be  occupied  for  living  purposes. 

NOTE:  Outside  of  the  city  of  New  York  there  is  no  Expiana_ 
city  in  the  United  States  where  it  is  necessary  be-  ^J^ 
cause  of  high  land  values  and  the  pressure  of  popula- 
tion to  permit  new  dwellings  to  be  constructed  with 
living  accommodations  in  the  cellar.     Even  under 
the  best  conditions  cellar  dwellings  are  injurious  to 
humanity  and  should  not  be  tolerated  in  future  build- 
ings.    Cellars  should  be  clearly  differentiated  from 
basements.     For  further  discussion  of  this   matter 
see  notes  under  section  2,  subdivision  13. 

§  41 .  BASEMENT  ROOMS.  In  dwellings  hereafter  erected 
no  room  in  the  basement  shall  be  occupied  for  living  pur- 
poses, unless  in  addition  to  the  other  requirements  of  this 
act  such  room  shall  have  sufficient  light  and  ventilation, 
shall  be  well-drained  and  dry,  and  shall  be  fit  for  human 
habitation. 

NOTE:  In  the  laws  of  some  cities  and  states  in  the  Expiana. 
past,  elaborate  conditions  have  been  prescribed  with 
regard  to  the  occupancy  of  basement  rooms,  certain 
fixed  standards  having  been  imposed  as  to  the  height 
of  ceiling  above  the  adjoining  ground,  the  presence  of 
an  areaway  in  front  of  the  room  and  certain  other 
conditions.  It  does  not  seem  necessary  to  impose 
these  conditions  upon  basement  rooms,  provided  they 
comply  with  the  other  provisions  of  the  act  and  in 
addition  have  sufficient  light  and  ventilation,  are  well 
drained  and  dry,  and  are  fit  for  human  habitation. 
If  the  rooms  are  basement  rooms,  their  ceilings  must  be 
at  least  one-half  of  their  height  above  the  adjoining 
ground.  Under  the  provisions  of  section  32,  the 
127 


A    MODEL    HOUSING    LAW  §  42 

rooms  must  be  at  least  9  feet  high,  and  under  the  pro- 
visions of  other  sections  of  the  act  every  such  room 
must  open  directly  upon  the  outer  air  and  be  of  a  cer- 
tain minimum  size.  The  sole  value  of  this  section, 
therefore,  is  to  give  to  the  enforcing  officials  a  "drag- 
net" power  to  interfere  with  the  construction  and  oc- 
cupancy of  basement  rooms  that  may  not  be  fit  for 
human  habitation  even  though  they  may  comply 
with  the  other  provisions  of  the  act. 

§42.  CELLARS,  WATER-PROOFING  AND  LIGHTING.1  Every 
dwelling  hereafter  erected  shall  have  a  basement,  cellar  or 
excavated  space  under  the  entire  entrance  floor,  at  least 
THREE  feet  in  depth,  or  shall  be  elevated  above  the 
ground  so  that  there  will  be  a  clear  air  space  of  at  least 
TWENTY-FOUR  INCHES  between  the  top  of  the  ground 
and  the  bottom  of  said  floor  so  as  to  insure  ventilation  and 
protection  from  dampness.  Such  space  shall  in  all  cases 
be  enclosed  but  provided  with  ample  ventilation  and  prop- 
erly drained.  Every  dwelling  hereafter  erected  shall  have 
all  walls  below  the  ground  level  and  the  cellar  or  lowest  floor 
damp-proof  and  water-proof.2  When  necessary  to  make 
such  walls  and  floors  damp-proof  and  water-proof,  the 
damp-proofing  and  water-proofing  shall  run  through  the 
walls  and  up  the  same  as  high  as  the  ground  level  and  shall 
be  continued  throughout  the  floor,  and  the  said  cellar  or 
lowest  floor  shall  be  properly  constructed  so  as  to  prevent 
dampness  or  water  from  entering.  All  cellars  and  base- 
ments in  dwellings  hereafter  erected  shall  be  properly 
lighted3  and  ventilated. 

Explana-  NOTE  i :  Some  of  the  worst  conditions  encountered 

in  cities  and  especially  in  suburban  and  rural  com- 
munities, arise  from  the  practice  in  building  small 
houses  of  setting  them  directly  on  the  ground.  This 
results  in  conditions  of  dampness  which  seriously 
affect  the  health  of  the  occupants  who  constantly 
suffer  from  "rheumatism"  and  other  diseases.  In 
many  sections  during  the  stormy  weather  these  rooms 
become  flooded  and  the  tenants  are  caused  to  suffer 
not  only  great  discomforts  and  inconvenience  but 
128 


§42 


SANITATION 


often  serious  injury  to  health.  This  requirement  is 
to  obviate  this  situation.  It  should  be  noted  that  a 
cellar  is  not  required  in  every  case.  Where  a  cellar 
is  not  provided,  however,  the  building  must  be  lifted 
above  the  ground  at  least  2  feet  so  as  to  prevent  damp- 
ness. This  space  is  required  to  be  enclosed  chiefly 
to  prevent  it  from  becoming  a  gathering  space  for 
waste  materials  of  various  kinds  but  at  the  same 
time  the  space  is  required  to  be  left  sufficiently  open 
by  means  of  grilles  or  latticework  or  in  some  other  way 
so  that  it  may  be  properly  ventilated. 

NOTE  2:  The  requirement  that  the  walls  below  the 
ground  level  shall  be  damp  proof  and  waterproof  is 
frequently  misunderstood  and  thought  to  mean  that 
some  special  system  of  damp  proofing  or  waterproofing 
shall  be  applied.  This  is  not  the  case.  The  words 
employed  mean  what  they  say;  namely,  that  the  walls 
and  floors  shall  be  damp  proof,  not  that  they  shall  be 
made  damp  proof.  In  other  words,  where  the  natural 
soil  conditions  are  such  as  to  insure  freedom  from 
dampness  in  walls  and  floor,  no  special  methods  of 
damp  proofing  are  necessary,  but  where  the  soil  con- 
ditions are  not  of  this  nature  then  appropriate  pre- 
cautions must  be  taken  to  prevent  dampness  in  the 


CONCRETE 

THREE  PLY 
ATER  PROOFING 


CONCRETE 


FIGURE  34 
DAMP  PROOFING  OF  WALLS  AND  FLOORS 

walls  and  lowest  floor.  The  methods  of  damp  proof- 
ing* that  are  most  frequently  employed  where  it  is 
necessary  to  do  such  work  are  very  simple  and  con- 
sist of  courses  of  tar  paper  and  hot  tar  properly  ap- 
9  129 


A    MODEL   HOUSING    LAW  §  43 

plied.  There  are  also  other  methods  commercially 
in  use  that  are  quite  wellknown.  There  is  no  diffi- 
culty in  making  cellar  walls  and  floors  damp  proof 
by  such  methods  except  in  cases  where  there  is  water 
pressure  below,  due  to  tidal  effect.  In  such  cases  the 
problem  becomes  somewhat  complicated.  It  is  neces- 
sary then  to  keep  the  water  out  by  weighting  it  down 
by  means  of  inverted  arches  or  other  devices;  but 
the  ordinary  housing  reformer  will  not  encounter 
this  contingency  in  one  case  out  of  ten  thousand. 
The  above  diagram  shows  the  method  of  damp 
proofing  employed  where  it  is  necessary  to  use  any 
process. 

NOTE  3:  The  requirement  that  cellars  and  base- 
ments shall  be  properly  lighted  and  ventilated  is  of 
great  importance.  In  the  case  of  the  dwellings  of  the 
poor  the  three  danger  points  are  the  water-closets, 
public  halls,  and  cellars;  that  is,  the  parts  of  the  build- 
ing used  in  common  and  for  which  no  single  individual 
is  as  a  rule  responsible.  Cellars  are  a  special  danger 
point  and  are  apt  to  become  filled  with  waste  material 
of  various  kinds,  the  accumulation  of  which  is  in- 
jurious both  to  the  health  and  safety  of  the  occupants. 
This  situation  is  likely  to  occur  where  cellars  are  not 
properly  lighted.  A  large  proportion  of  tenement 
house  fires  originate  in  such  cellars.  The  health  of 
the  occupants  also  is  bound  to  suffer  materially  from 
living  over  cellars  which  are  not  properly  ventilated. 
Dampness  is  very  likely  to  result  from  such  a  con- 
dition and  the  building  is  likely  to  be  filled  with 
unpleasant  and  unhealthful  odors. 

In  order  not  to  restrict  the  architect  unnecessarily 
in  the  planning  of  his  building,  it  has  not  been  at- 
tempted to  lay  down  any  precise  and  exact  method  of 
lighting  and  ventilating  the  cellar  which  must  be  em- 
ployed. This  is  left  to  the  enforcing  officials  who  can 
be  counted  upon  to  see  that  the  cellar  is  properly 
lighted  and  ventilated. 


§43.  COURTS,  AREAS  AND  YARDS.1  In  every  dwelling 
hereafter  erected  all  courts,  areas  and  yards  shall  be  prop- 
erly graded  and  drained,3  and  when  required  by  the  health 
officer  they  shall  be  properly  concreted2  in  whole  or  in  part 
as  may  be  appropriate. 

130 


§  43  SANITATION 

NOTE  i :  The  purpose  of  this  requirement  is  to  in-  Explana- 
sure  adequate  drainage  and  to  keep  water  from  stand-  tjon 
ing  in  puddles  in  the  yards  or  from  seeping  into  the 
walls  of  the  building,  thus  creating  conditions  of 
dampness  in  the  cellar  and  other  lower  portions.  The 
desirable  condition  is  to  require  yards,  areas,  and 
courts  to  extend  down  below  the  level  of  the  cellar 
floor  and  to  be  connected  with  the  street  sewer.  In 
many  cities,  however,  this  is  seriously  objected  to  as 
unnecessary  expense,  requiring  as  it  would,  the  ex- 
cavation of  the  yard  down  to  this  lower  level.  It  is 
also  the  custom  in  many  cities  to  discharge  the  rain 
water  from  the  house  leaders  directly  on  the  ground, 
and  the  expense  of  conducting  this  to  the  street  sewer 
is  felt  to  be  unnecessarily  onerous.  It  is  believed  that 
the  provision  as  written  in  this  section  will  meet  the 
situation  in  most  cases  and  will  do  so  with  a  minimum 
of  friction. 

NOTE  2:  It  will  not  do  to  require  yards,  courts,  and 
areas  to  be  concreted  throughout,  as  in  many  cases  it 
is  desired  to  have  such  yards  treated  with  grass  plots 
and  flower  gardens.  There  are,  however,  numerous 
instances  where  this  treatment  is  not  had  and  where 
it  is  desirable  from  the  point  of  view  of  proper  drain- 
age and  cleanliness  to  have  the  yard  concreted.  In 
such  cases  the  health  officer  will  be  empowered  under 
this  section  to  make  this  requirement. 

NOTE  3:  If  it  is  desired  to  stiffen  this  section  and 
impose  more  stringent  requirements,  the  following 
variation  is  suggested.  Insert  at  the  beginning  of  this 
section,  after  the  caption,  the  following: 


VARIATION    i:    "In   every  dwelling  hereafter  erected  Variation 
where  courts,  areas  or  yards  extend  to  the  basement  or 
cellar,  a  portion  of  such  court,  area  or  yard  not  less  than 
two  feet  wide  shall  extend  down  below  the  floor  level  of 
said  basement  or  cellar." 


NOTE  4:  If  it  is  desired  to  require  that  such  open 
spaces  shall  be  connected  with  the  street  sewer,  the 
following  variation  is  suggested.  After  the  words 
"graded  and  drained"  in  the  original  section,  insert 
the  following: 


A    MODEL    HOUSING    LAW  §§  44>  45 

Variation  VARIATION  2:   "and  connected  with  the  street  sewer  so 

that  all  water  may  pass  freely  into  it" 

§44.  WATER  SUPPLY. l  In  every  dwelling  hereafter 
erected  there  shall  be  a  proper  sink  or  wash-bowl  with  run- 
ning water,  exclusive  of  any  sink  in  the  cellar.2  In  two- 
family-dwellings  and  in  multiple-dwellings  of  Class  A  there 
shall  be  such  a  sink  or  wash-bowl  in  each  apartment,  suite 
or  group  of  rooms.3 

Explana-  NOTE  i :  This  requirement  is  for  the  purpose  of  se- 

curing  an  ample  supply  of  running  water  inside  the 
dwelling  in  future  buildings  and  to  prevent  the  un- 
sanitary conditions  which  prevail  in  many  cities  where 
in  the  older  buildings  there  is  no  water  except  such  as 
can  be  obtained  from  a  hydrant  or  pump  in  the  back 
yard.  Sometimes  there  is  but  one  hydrant  for  many 
houses. 

NOTE  2:  The  sole  water  supply  in  future  dwellings 
should  not  be  located  in  the  cellar,  as  this  is  too  in- 
convenient a  place  for  family  use. 

NOTE  3:  In  private  dwellings  the  sink  or  wash 
bowl  may  be  located  in  any  room  or  even  in  the  hall 
of  the  house  (except  the  cellar),  but  in  two-family 
houses  and  multiple  dwellings  there  must  be  one  such 
sink  or  wash  bowl  for  each  family. 

NOTE  4:  This  section  must  be  read  in  connection 
with  section  7.  Where  there  is  no  communal  water 
supply  in  a  community,  section  44  will  not  apply. 

§45.  WATER-CLOSET  ACCOMMODATIONS. l  In  every 
dwelling  hereafter  erected  there  shall  be  a  separate2  water- 
closet.  Each  such  water-closet  shall  be  placed  in  a  com- 
partment completely  separated  from  every  other  water- 
closet;  such  compartment  shall  be  not  less  than  THREE 
feet  wide,3  and  shall  be  enclosed  with  partitions  which 
shall  extend  to  the  ceiling4  and  which  shall  not  be  of  wood 
or  other  absorbent  material.  Every  such  compartment 
shall  have  a  window  opening  directly  upon  the  street  or 
upon  a  yard  or  court  of  the  minimum  sizes  prescribed  by 
this  act  and  located  upon  the  same  lot.5  Nothing  in  this 
section  contained  shall  be  construed  so  as  to  prohibit  a 

132 


§  45  SANITATION 

general  toilet-room6  containing  several  water-closet  com- 
partments separated  from  each  other  by  dwarf  partitions, 
provided  such  toilet-room  is  adequately  lighted  and  ven- 
tilated to  the  outer  air7  as  above  provided,  and  that  such 
water-closets  are  supplemental  to  the  water-closet  accom- 
modations required  by  other  provisions  of  this  section  for 
the  tenants  of  the  said  house.  No  drip  trays8  shall  be 
permitted  on  any  water-closet.  No  water-closet  fixture 
shall  be  enclosed9  with  any  woodwork.  No  water-closet 
shall  be  placed  out  of  doors.10  No  water-closet  shall  be 
placed  in  a  cellar11  without  a  written  permit  from  the 
health  officer.  In  two-family-dwellings  and  in  multiple- 
dwellings  of  Class  A  hereafter  erected  there  shall  be  for 
each  family  a  separate  water-closet  constructed  and  ar- 
ranged as  above  provided  and  located  within  each  apart- 
ment, suite  or  group  of  rooms.  In  multiple-dwellings  of 
Class  B  hereafter  erected  there  shall  be  provided  at  least 
one  water-closet  for  every  FIFTEEN  occupants  or  frac- 
tion thereof.  Every  water-closet  compartment  hereafter 
placed  in  any  dwelling  shall  be  provided  with  proper 
means  of  lighting  the  same  at  night.12  The  floor  of  every 
such  water-closet  compartment  shall  be  made  water- 
proof13 with  asphalt,  tile,  stone,  terrazzo  or  some  other  non- 
absorbent  water-proof  material;  and  such  water-proofing 
shall  extend  at  least  six  inches  above  the  floor  so  that  the 
said  floor  can  be  washed  or  flushed  out  without  leaking. 

NOTE  i :  This  section  is  of  great  importance  and  x  ana_ 
contains  a  number  of  considerations  which  should  be 
fully  understood.  In  the  first  place,  it  requires  in 
future  dwellings  that  the  water-closets  shall  be  in- 
doors. Where  there  are  no  public  sewers,  systems 
of  cesspools  or  other  approved  form  of  sewage  dis- 
posal in  vogue  in  rural  and  suburban  communities 
will  have  to  be  adopted.  The  section  of  course 
will  not  apply  where  there  is  no  water  supply  and  must 
be  read  in  connection  with  section  7.  In  such  case 
privies  will  have  to  be  tolerated  until  such  time  as 
water  supply  is  provided. 

NOTE  2:    It  is  deliberately  intended  to  prevent  in 

133 


A    MODEL    HOUSING    LAW  §  45 

dwellings  and  in  tenement  houses  and  similar  residence 
buildings  any  communal  system  of  water-closets,  as 
experience  has  shown  that  they  are  always  abused. 
Each  family  is  to  have  its  own  water-closet  entirely 
within  its  own  control,  thus  insuring  freedom  from 
the  abuses  which  are  generally  found,  greatly  adding 
to  the  desirability  of  the  apartments  from  a  rental 
point  of  view,  and  materially  aiding  the  landlord  in 
placing  responsibility  for  abuses  when  discovered. 

NOTE  3 :  While  it  should  not  be  necessary  to  fix  a 
minimum  width  of  water-closet  compartment,  it  has 
been  found  necessary,  as  in  some  of  our  cities  where 
land  values  are  high,  these  compartments  have  been 
made  just  wide  enough  to  take  in  the  fixtures,  some- 
times less  than  2  feet  in  width.  Such  conditions 
should  not  be  tolerated. 

NOTE  4:  Unless  partitions  extend  to  the  ceiling 
there  cannot  be  proper  privacy  and  separation  of  the 
sexes.  This  is  essential  to  prevent  many  kinds  of 
abuse.  Wooden  partitions  are  prohibited  because  of 
their  absorbent  nature,  although  plastered,  stone, 
marble,  slate,  or  metal  partitions  may  be  used. 

NOTE  5 :  Each  water-closet  must  have  its  inde- 
pendent means  of  lighting  and  ventilation  and  in 
this  respect  this  section  must  be  read  in  connection 
with  section  35.  It  should  be  noted  that  this  re- 
quirement as  to  partitions  and  the  prohibition  of  wood 
does  not  apply  to  the  case  of  a  general  toilet  room 
such  as  is  described  in  this  section  where  the  water- 
closets  are  separated  by  dwarf  partitions  which  do  not 
extend  to  the  floor  but  are  set  up  on  legs.  In  such 
case  wooden  partitions  may  be  used  without  any  ob- 
jection. 

NOTE  6:  It  is  necessary  to  provide  specifically  for 
general  toilet  rooms  such  as  are  found  in  hotels  and 
sometimes  in  stores,  especially  saloons,  located  on  the 
ground  floor  of  apartment  houses  and  tenement 
houses.  There  is  no  objection  to  this  form  of  con- 
struction, provided  these  toilets  are  supplemental  to 
those  required  for  the  use  of  the  tenants  and  are  ade- 
quately lighted  and  ventilated  to  the  outer  air. 

NOTE  7:  In  the  case  of  high-class  modern  hotels  it 
will  be  found  difficult  to  light  and  ventilate  such  toilet 
rooms  to  the  outer  air  and  architects  may  desire  to 
employ  electric  light  and  artificial  ventilation.  Such 

134 


§  45  SANITATION 

a  method  of  construction  is  not  desirable  even  in  the 
case  of  this  class  of  buildings  and  it  is  advised  not  to 
make  any  concession  for  them.  If,  however,  it  is 
felt  to  be  desirable  to  yield  to  the  wishes  of  these  in- 
terests, the  following  concession  may  be  made.  After 
the  words  "provided  such  toilet-room  is  adequately 
lighted  and  ventilated/'  omit  the  following: 


CONCESSION  i :  "  to  the  outer  air  as  above  provided"        pon 

'NoTE  8:  Drip  trays  are  sheets  of  thin  metal  fas- 
tened between  the  wooden  seat  and  the  water-closet  . - 
bowl  and  are  intended  to  catch  the  drippings  when  the 
•  fixture  is  used  as  a  urinal.  They  are  antiquated  and 
highly  objectionable,  as  their  effect  is  to  keep  a  stand- 
ing deposit  of  urine  close  to  the  wooden  seat  which 
soon  becomes  saturated  and  odoriferous. 

NOTE  9:  The  requirement  that  no  water-closet  fix- 
ture shall  be  enclosed  with  any  woodwork  is  in  line 
with  the  accepted  practice  in  good  plumbing  work  for 
the  past  twenty  years.  If  the  fixture  is  enclosed  the 
space  underneath  it  is  sure  to  become  dirty  and  often 
saturated  with  urine  and  other  deposits,  thus  giving 
rise  to  sanitary  evils.  If  the  space  is  left  open  it  will 
always  be  visible  and  will  therefore  be  kept  clean. 

NOTE  10:  The  requirement  prohibiting  the  placing 
of  water-closets  out  of  doors  is  of  vital  importance. 
There  will  be  a  difference  of  view  as  to  the  desirability 
of  this  in  different  sections  of  the  country.  In  some 
communities  it  has  been  the  custom  for  many  years 
past  to  place  water-closets  out  of  doors.  As  a  result 
of  this  practice  some  of  our  most  serious  sanitary  evils 
have  occurred.  The  outdoor  water-closet  is  only 
slightly  better  than  the  privy  vault.  It  has  all  the 
evils  of  the  privy  vault  except  the  danger  of  soil  con- 
tamination and  pollution  of  the  water  supply.  These, 
however,  are  evils  not  frequently  encountered,  as 
even  where  there  is  a  local  water  supply  it  is  generally 
so  located  that  there  is  comparatively  little  danger 
from  this  cause.  The  chief  danger  from  the  privy 
vault  is  the  spread  of  communicable  disease  through 
the  medium  of  the  common  house  fly.  There  is  just 
as  great  danger  from  this  in  the  case  of  the  outdoor 
water-closet  as  there  is  from  the  privy  vault.  The 
other  evils  of  the  vault,  namely,  the  disgusting  condi- 


A    MODEL    HOUSING    LAW  §  45 

tion  in  which  outdoor  fixtures  are  generally  found  and 
the  resulting  discomfort  and  serious  effect  upon  the 
health  of  the  people  in  the  neighborhood,  exist  with 
equal  force  in  the  case  of  the  outdoor  water-closet. 
Located  thus  in  a  public  place  and  easy  of  access  to 
the  casual  passerby,  the  outdoor  closet  is  bound  to  be 
abused  and  kept  in  a  filthy  condition.  Except  in  the 
Southern  states  where  there  is  a  mild  climate  and 
where  there  is  little  danger  from  freezing,  outdoor 
closets  are  generally  out  of  commission  through  most 
of  the  winter,  forcing  the  tenants  to  employ  the 
"bucket"  system,  as  there  has  not  been  developed 
as  yet  any  really  satisfactory  device  of  anti-freezing 
fixture.  In  many  cities  in  the  North  where  outdoor 
closets  are  employed,  a  type  of  closet  known  as  the 
"  Philadelphia  hopper"  (because  of  its  great  use  in 
that  city)  is  usually  employed.  This  is  a  long  hopper 
water-closet,  with  all  the  evils  of  an  extensive  fouling 
surface  which  cannot  be  cleaned.  The  fixture  is  pro- 
vided with  a  seat  flush  which  operates  by  a  valve,  the 
water  being  released  by  pressure  on  the  seat.  The 
result  is  that  when  paper  is  left  upon  the  seat  and 
when  snow  sifts  in,  as  it  frequently  does,  the  weight 
of  the  snow  and  wet  paper  starts  the  flush  going  and 
the  water  is  kept  running  practically  all  the  time, 
overflowing  the  toilet  and  making  a  skating  rink  out  of 
the  compartment  and  neighboring  portions  of  the  yard. 

The  evils  of  the  outdoor  closet  are  so  great  that 
under  no  circumstances  should  any  compromise  be 
made  on  this  provision,  either  in  the  South  or  in  the 
North.  No  city  can  call  itself  civilized  which  per- 
mits in  its  future  work  outdoor  water-closets.  The 
ultimate  cost  to  the  community  resulting  from  such  a 
system  in  the  toll  of  disease  and  death  is  beyond  cal- 
culation. 

NOTE  1 1 :  The  very  worst  conditions  are  usually 
found  in  cellar  water-closets,  due  to  the  fact  that  they 
are  apt  to  be  located  in  the  dark,  without  proper  venti- 
lation, and  are  generally  accessible  to  any  stray  pass- 
erby and  are  therefore  sure  to  be  abused.  The  cellar 
water-closet  is  usually  for  these  reasons  kept  in  an 
indescribable  condition.  It  will  not  do,  however, 
to  prohibit  cellar  water-closets  outright,  as  they  are 
necessary  sometimes  for  the  use  of  stores  on  the 
ground  floor  in  tenements,  flats,  and  apartment 

.36 


§  46  SANITATION 

houses  and  are  especially  necessary  in  hotels  in  the 
service  quarters  and  also  in  many  hotels  in  connection 
with  barber  shops,  cafes  and  other  rooms  provided 
for  the  public.  The  requirement  that  no  water- 
closet  be  placed  in  the  cellar  without  a  written  permit 
from  the  health  officer  amply  safeguards  the  com- 
munity against  the  evils  that  have  heretofore  existed. 

NOTE  12:  It  is  obviously  important  that  there 
shall  be  means  of  lighting  water-closet  compartments 
at  night.  It  should  be  noted  that  this  provision  does 
not  specify  the  means  to  be  employed.  Where  elec- 
tricity or  gas  is  provided  throughout  the  house  these 
methods  will  naturally  be  furnished.  In  the  quarters 
of  the  poor  a  kerosene  lamp  may  be  all  that  is  possible. 

NOTE  13:  It  is  of  importance  that  the  floors  of 
water-closet  compartments  shall  be  waterproof  so 
that  the  whole  water-closet  compartment  can  be 
flushed  out.  This  is  necessary  because  of  the  fact 
that  in  the  case  of  contagious  disease  the  slop  empty- 
ings from  the  patient  are  emptied  here.  There  are 
also  apt  to  be  drippings  from  the  bowl  when  the  fix- 
ture is  used  as  a  urinal  and  a  wooden  floor  absorb- 
ing this  soon  becomes  extremely  objectionable.  The 
only  satisfactory  scheme  is  a  scheme  that  will  permit 
the  entire  floor  to  be  flushed  out.  In  most  cases  such 
a  waterproof  floor  will  be  provided,  as  the  water- 
closet  is  generally  located  in  the  same  room  as  the 
bath  tub.  It  should  be  noted  that  cement  as  water- 
proof material  is  barred  out  because  of  its  absorbent 
qualities.  Terrazzo  is  a  composition  used  every- 
where. It  is  made  of  broken  chips  of  marble  and 
cement. 

Objection  may  be  made  to  this  provision  as  im- 
posing unnecessary  expense  upon  working  people  who 
desire  to  build  small  dwellings  for  their  own  use.  If 
this  is  found  to  be  a  serious  objection,  the  following 
concession  can  be  made.  Before  the  words  "The 
floor  of  every  such  water-closet  compartment,"  in- 
sert the  following: 

CONCESSION  2:   "In  two-family-dwellings  and  multiple-  Concession 
dwellings  hereafter  erected" 

§46.   SEWER  CONNECTION.     No  multiple-dwelling  shall 
hereafter  be  erected  on  any  street  unless  there  is  city  water- 

137 


A    MODEL   HOUSING    LAW  §  47 

supply  accessible  thereto  nor  unless  there  is  a  public  sewer 
in  such  street,  or  a  private  sewer  connecting  directly  with 
a  public  sewer,  and  every  such  multiple-dwelling  shall  have 
its  plumbing  system  connected  with  the  city  water-supply 
and  with  a  public  sewer  before  such  multiple-dwelling  is 
occupied.  No  cesspool  or  vault  or  similar  means  of 
sewage  disposal  shall  be  used  in  connection  with  any  dwell- 
ing where  connection  with  a  public  sewer  is  practicable. 

Explana-  NOTE:    This  provision   applies   only   to   multiple 

dwellings.  It  should  properly  apply  to  private  dwell- 
ings and  to  two-family  dwellings,  but  it  is  believed 
that  this  would  be  considered  too  drastic  by  practi- 
cally every  community.  Theoretically  no  community 
should  permit  the  erection  of  dwellings  until  streets 
have  been  sewered  and  supplied  with  city  water,  as 
otherwise  privies  are  necessary,  but  such  a  provision 
would  undoubtedly  be  felt  to  stop  the  progress  and 
development  of  the  city  and  become  a  check  upon  the 
building  industry.  We  shall  probably  be  sufficiently 
civilized  twenty-five  or  thirty  years  from  now  to  im- 
pose such  a  requirement,  but  it  does  not  seem  to  be 
wise  to  attempt  it  at  this  time.  The  situation  with 
regard  to  multiple  dwellings  is,  however,  totally  dif- 
ferent. No  large  building  housing  a  number  of  fam- 
ilies should  be  permitted  to  be  erected  in  sections  of 
the  city  not  provided  with  sewers  and  water  supply. 
If  that  portion  of  the  city  is  so  slightly  developed  that 
sewers  and  water  supply  cannot  be  provided,  the  mul- 
tiple dwelling  is  not  an  economic  necessity  and  single- 
family  dwellings  and  two-family  houses  can  be  built 
with  propriety. 

§47.  PLUMBING.  In  every  dwelling  hereafter  erected 
no  plumbing  fixture  shall  be  enclosed1  with  woodwork  but 
the  space  underneath  shall  be  left  entirely  open.  Plumb- 
ing pipes  shall  be  exposed,  when  so  required  by  the  health 
officer.2  All  plumbing  work  shall  be  sanitary  in  every 
particular  and,  except  as  otherwise  specified  in  this  act, 
shall  be  in  accordance  with  the  plumbing  regulations3 
of  said  city.  All  fixtures  shall  be  trapped.4  Pan,5  plunger 
and  long  hopper  closets  will  not  be  permitted.  Wooden 


§  47  SANITATION 

sinks6  and  wooden  wash-trays  will  not  be  permitted. 
Tile7  or  earthen-ware  house  drains  will  not  be  permitted. 
In  all  multiple-dwellings  hereafter  erected  where  plumbing 
or  other  pipes  pass  through  floors  or  partitions,  the  open- 
ings around  such  pipes  shall  be  sealed  or  made  air-tight 
with  incombustible  materials,  so  as  to  prevent  the  passage 
of  air  or  the  spread  of  fire  from  one  floor  to  another  or 
from  room  to  room.8 

NOTE    i :    The   reasons  against   the  enclosure  of  Explana- 
plumbing  fixtures  with  woodwork  have  been  fully  set 
forth  in  note  9  of  section  45. 

NOTE  2:  It  is  not  wise  to  require  plumbing  pipes 
in  all  cases  to  be  exposed,  as  in  certain  classes  of  build- 
ings, namely,  high-class  apartment  houses,  hotels,  and 
similar  structures,  the  tenants  and  guests  would  not 
care  to  see  the  rough  plumbing  and  would  find  it  a 
detriment  to  the  rooms.  In  the  ordinary  tenement 
house,  however,  and  in  other  classes  of  dwellings,  it  is 
entirely  possible  to  have  many  of  the  pipes  exposed. 
It  is  therefore  left  to  the  health  officer  to  determine 
under  what  circumstances  this  shall  be  required. 

NOTE  3 :  No  attempt  is  made  here  to  go  into  mi- 
nute details  of  plumbing  requirements  such  as  the 
weight  of  pipe,  kind  of  material  and  the  numerous 
other  details  that  are  commonly  found  in  plumbing 
rules  and  regulations.  This  can  safely  be  left  to  the 
plumbing  rules  and  regulations  of  the  locality  affected. 
What  has  been  done  here  is  to  set  down  the  irreducible 
minimum  so  as  to  prevent  the  use  of  materials  or 
methods  which  have  been  shown  to  be  injurious  from 
the  point  of  view  of  proper  sanitation. 

NOTE  4:  The  requirement  that  all  fixtures  shall  be 
trapped  does  not  mean  that  each  fixture  shall  be 
trapped  separately,  although  this  is  desirable;  this 
is  left  to  the  local  plumbing  regulations  to  determine. 

NOTE  5 :  Pan,  plunger,  and  long  hopper  closets  are 
antiquated  types  of  fixtures  with  large  fouling  sur- 
face which  should  not  be  tolerated  in  modern  construc- 
tion. In  many  cities  where  good  plumbing  practice 
prevails  such  closets  are  required  to  be  taken  out 
when  found  even  though  they  may  have  been  installed 
only  a  few  years  before.  (See  Figure  3  5  on  next  page.) 

NOTE  6:    Wooden  sinks  and  wash  trays  are  pro- 
139 


A    MODEL    HOUSING    LAW 


§47 


hibited  because  they  become  rotten  and  saturated, 
breed  vermin,  and  become  odoriferous. 

NOTE  7:  Tile  or  earthenware  house  drains  are  pro- 
hibited because  they  are  in  most  cases  liable  to  break 
in  a  short  time,  thus  permitting  soil  contamination. 

NOTE  8:  The  requirement  that  the  spaces  around 
pipes  where  they  pass  through  floors  in  multiple 


PAN  CLOSEr 


LONQ.  HOPPER, 


FIGURE  35 
PAN  AND  LONG  HOPPER  CLOSETS 

dwellings  shall  be  made  air  tight  is  of  importance  not 
only  for  the  convenience  of  the  tenants  in  preventing 
unpleasant  odors  communicating  from  one  apartment 
to  another,  in  shutting  off  sounds  which  would  other- 
wise travel  in  a  similar  way,  and  in  preventing  vermin 
thus  getting  from  one  apartment  to  another,  but 
especially  as  a  means  of  reducing  fire  danger  and  pre- 
venting the  transmission  of  contagious  disease. 


140 


FIRE    PROTECTION 


TITLE  3 
FIRE  PROTECTION 

NOTE  i :  There  is  much  misunderstanding  in  the 
popular  mind  as  to  the  relative  importance  of  fire  pro- 
tection provisions  as  compared  with  the  necessity  of 
adequate  open  spaces.  From  an  ideal  point  of  view 
it  would  be  incalculably  better  for  the  community 
if  all  houses  erected  in  the  future  might  be  fireproof 
throughout.  It  would  add  greatly  to  the  beauty  of 
our  cities,  it  would  help  conserve  our  forests  by  re- 
ducing the  consumption  of  lumber,  and  would  insure 
greater  safety  to  the  great  mass  of  our  population, 
though  the  danger  from  fire  is  more  of  a  prospective 
evil  than  a  real  one.  Considering  the  size  of  the  pop- 
ulation in  each  of  our  cities,  the  number  of  people  who 
lose  their  lives  each  year  from  this  cause  is  practically 
negligible.  This  is  due,  however,  not  to  the  methods 
of  construction  employed  in  our  buildings  but  to  the 
efficiency  of  our  fire  departments.  The  real  ad- 
vantage of  having  all  buildings  fireproof  would  be  in 
the  ultimate  saving  to  the  investor.  Bills  for  insur- 
ance would  be  reduced  to  almost  nothing  and  the 
cost  of  upkeep  would  be  very  materially  diminished. 

The  great  objection,  however,  to  requiring  all  dwell- 
ings erected  in  the  future  to  be  fireproof  throughout 
is  that  the  cost  at  present  would  be  prohibitive.  The 
effect  of  this  so  far  as  the  dwellings  of  the  working 
people  are  concerned  would  be  to  augment  greatly 
the  cost  of  living.  The  time  will  undoubtedly  come, 
and  it  is  not  far  distant,  when  the  cost  of  fireproof 
construction  will  be  greatly  reduced  and  this  desir- 
able ideal  can  be  accomplished.  For  the  present, 
however,  in  view  of  the  considerations  expressed,  it 
seems  unwise  to  attempt  to  bring  about  such  a  con- 
dition. 

NOTE  2:  It  should  be  noted  that  all  of  the  pro- 
visions of  this  title,  which  deals  with  fire  protection  in 
new  buildings,  with  the  exception  of  section  50,  relate 
141 


A    MODEL   HOUSING   LAW  §  50 

solely  to  multiple  dwellings.  That  is,  none  of  these 
additional  precautions  which  are  very  necessary  in 
the  case  of  multiple  dwellings  are  imposed  upon  pri- 
vate dwellings  or  two-family  dwellings.  The  effect 
of  this  discrimination  will  be  to  make  as  cheap  as 
possible  the  construction  of  private  dwellings  and 
two-family  dwellings  and  therefore  to  encourage  that 
type  of  development  in  our  cities;  while  the  imposing 
of  these  additional  safeguards  at  additional  cost  upon 
multiple  dwellings  should  have  the  effect  of  dis- 
couraging the  erection  of  such  buildings.  The  re- 
quirements imposed  are  in  no  sense  prohibitive;  mul- 
tiple dwellings  can  still  be  erected  in  any  city  and  be 
commercially  profitable.  Nor  has  any  requirement 
in  this  title  been  imposed  upon  multiple  dwellings 
solely  with  the  idea  of  discouraging  that  type  of  con- 
struction; each  provision  will  be  found  to  be  justified 
from  experience  and  to  be  necessary  for  buildings  of 
this  class. 

§  50.  FIREPROOF  DWELLING,  WHEN  REQUIRED.1  No 
dwelling  shall  hereafter  be  erected  exceeding  THREE2 
stories  in  height,  unless  it  shall  be  a  fireproof  dwelling;  the 
building,  however,  may  step  up  to  follow  the  grade,  pro- 
vided no  part  of  it  is  over  THREE3  stories  in  height.4 

Explana-  NOTE  I :   The  purpose  of  this  section  is  a  two-fold 

one.  While  it  is  primarily  a  provision  for  fire  pro- 
tection and  would  have  to  be  justified  on  that  ground 
if  attacked  in  court,  it  is  also  of  great  jmportance  in 
securing  better  light  and  ventilation  and  as  a  means 
of  preventing  congestion  of  population  in  the  case  of 
multiple  dwellings.  The  way  to  prevent  land  over- 
crowding is  to  limit  the  number  of  people  that  may 
live  on  a  given  area  of  land.  This  can  be  done  more 
effectively  indirectly  than  it  can  directly.  There  is 
some  doubt  as  to  whether  the  courts  would  sustain 
an  arbitrary  limitation  on  the  actual  number  of  people 
that  might  live  on  a  lot  of  a  given  size.  If,  however, 
the  area  of  the  building  is  limited  by  requiring  large 
open  spaces  and  the  height  of  the  building  is  limited, 
the  result  desired  has  been  accomplished  and  by  a 
method  which  the  courts  will  unquestionably  sustain. 
While  there  is  no  guarantee  that  this  provision  will 
142 


§51  FIRE    PROTECTION 

absolutely  prevent  the  erection  of  tall  buildings,  it  is 
reasonably  sure  that  at  the  present  time,  with  the 
cost  of  fireproof  construction  as  it  is  to-day,  the  ef- 
fect of  this  provision  will  be  to  discourage  greatly 
their  erection. 

NOTE  2:  The  standard  has  been  set  at  three  stories, 
but  it  should  be  noted  that  this  is  a  variable  stand- 
ard to  be  changed  in  each  city  to  suit  the  local  condi- 
tions. It  is  highly  desirable  to  keep  residence  build- 
ings down  to  a  three-story  height.  Where  this  is  not 
practicable  the  standard  should  be  changed  to  four, 
but  no  residence  building  should  be  permitted  to  be 
built  higher  than  four  stories  without  being  made 
completely  fireproof;  namely,  constructed  with  iron 
beams  and  girders  and  incombustible  floors  and  parti- 
tions, as  defined  in  section  2,  subdivision  17.  If  local 
conditions  indicate  the  necessity  of  permitting  four- 
story  buildings,  the  following  concession  may  be 
wisely  made: 

CONCESSION    i:    Change  "THREE"  to  "FOUR"   in  Concession 
both  instances  where  it  occurs  in  this  section. 

NOTE  3:  This  section  must  be  read  in  connection  EXplana- 
with  the  definitions  of  cellar  and  basement  as  con- 
tained  in  section  2,  subdivision  13.  In  other  words, 
if  the  standard  is  set  at  three  stories,  a  three-story 
and  basement  building  will  have  to  be  fireproof;  a 
building  three  stones  and  cellar  in  height  will  not. 
This  is  deliberate,  as  the  basement  type  of  building 
is  not  a  desirable  one  to  encourage  for  many  reasons. 
Where  a  basement  is  erected  it  means  that  the  base- 
ment part  is  to  be  used  for  living  purposes  and  the 
equivalent  of  a  four-story  building  is  in  most  cases 
likely  to  result. 

NOTE  4:  This  provision  will  work  no  hardship  to 
any  class  of  building,  especially  if  the  standard  is  made 
four  stories.  The  millionaire's  mansion  will  in  no 
case  be  over  four  stories  high.  Apartment  houses  and 
similar  multiple  dwellings  that  are  erected  over  four 
stories  high  should  be  fireproof.  Hotels  over  that 
height  would  be  fireproof  anyhow  and  no  one  would 
seek  any  concession  in  this  direction. 

§51.  MEANS  OF  EGRESS.1    Every7  multiple-dwelling  here- 

143 


A   MODEL   HOUSING    LAW  §51 

after  erected  exceeding  one  story  in  height  shall  have  at 
least  two  independent2  ways  of  egress  which  shall  extend 
from  the  ground  floor  to  the  roof,  and  shall  be  located  re- 
mote from  each  other,  and  each  shall  be  enclosed  by  walls 
or  partitions  as  provided  elsewhere  in  this  act.  One  of 
such  ways  of  egress  shall  be  a  flight  of  stairs3  constructed 
and  arranged  as  provided  in  sections  fifty-four,  fifty-five 
and  fifty-six  of  this  act.  In  multiple-dwellings  of  Class  A 
the  second  way  of  egress  shall  be  directly  accessible5  to 
each  apartment,  group  or  suite  of  rooms  without  having 
to  pass  through  the  first  way  of  egress.  In  multiple-dwell- 
ings of  Class  B6  the  second  way  of  egress  shall  be  directly 
accessible  from  a  public  hall.  The  second  way  of  egress 
may  be  any  one  of  the  following,  as  the  owner  may  elect : 

1 .  A  system  of  outside  balcony  fire-escapes  constructed 
and  arranged  as  provided  in  section  fifty-two  of  this  act. 

2.  An  additional  flight  of  stairs,  either  inside  or  outside,9 
constructed  and  arranged  as  provided  in  sections  fifty- 
four,  fifty-five  and  fifty-six  of  this  act. 

3.  A  fire-tower4  located,  constructed  and  arranged  as 
may  be  required  by  the  superintendent  of  buildings.11 

p     ,  NOTE  i :   The  plan  adopted  here  differs  from  the 

plan  which  has  heretofore  been  embodied  in  many  of 
our  tenement  house  laws;  namely,  a  requirement  for 
fire-escapes  upon  multiple  dwellings  of  a  certain  class. 
Instead  of  this  it  has  been  thought  better  to  adopt  the 
practice  which  has  been  coming  into  favor  more  gen- 
erally in  recent  years  of  requiring  two  ways  of  egress. 

NOTE  2:  The  chief  purpose  of  this  is  to  enable  the 
occupants  of  the  building  to  have  quick  egress  in  case 
of  fire  by  a  means  other  than  that  used  ordinarily. 
It  is  of  course  essential  that  these  two  ways  of  egress 
shall  be  independent  of  each  other.  It  is  equally  im- 
portant that  they  shall  extend  from  the  entrance  floor 
to  the  roof  so  that  in  case  egress  is  cut  off  on  the  ground 
floor,  access  may  be  had  to  the  roof  of  the  building 
and  from  there  to  the  roofs  of  adjoining  buildings, 
when  they  do  adjoin.  It  is  also  obvious  that  access 
must  be  had  to  the  street  entrance,  as  otherwise  the  ten- 
ants would  be  left  hanging  in  mid-air  and  would  have 
144 


§51  FIRE    PROTECTION 

to  be  rescued  by  firemen.  If  the  two  ways  of  egress 
are  not  independent  but  are  merged  at  any  point  ex- 
cept near  the  entrance  of  the  building,  the  supple- 
mentary means  of  exit  will  lose  its  value,  because  in 
the  event  of  the  ordinary  means  of  exit  being  en- 
veloped in  smoke  or  flames  the  supplementary  exit 
would  be  similarly  out  of  commission.  For  this 
reason  it  is  especially  important  that  the  two  ways  of 
egress  shall  be  remote  from  each  other  and  that  they 
shall  be  separated  by  walls  or  partitions  so  as  to  pre- 
vent the  spread  of  smoke  or  flames  from  one  to  the 
other. 

NOTE  3:  The  usual  type  that  will  be  adopted  will 
be  a  front  and  back  stairs,  as  the  back  stairs  serve 
a  useful  purpose  as  service  stairs. 

NOTE  4:  It  should  be  noted  that  the  greatest  free- 
dom of  choice  consistent  with  the  safety  of  the  occu- 
pants of  the  dwelling  has  been  given  to  the  owner. 
One  flight  of  stairs  he  would  naturally  provide  of  his 
own  accord,  irrespective  of  any  provisions  of  law,  in 
order  to  give  the  occupants  of  the  building  access  to 
their  rooms.  (In  the  case  of  elevator  apartment 
houses  such  stairs  would  not  be  necessary,  but  even 
here  it  would  generally  be  provided  so  as  to  anticipate 
a  situation  where  the  elevators  might  be  out  of  com- 
mission.) This  takes  care  of  one  way  of  egress.  The 
other  way  of  egress  may  be  any  one  of  three  which  the 
owner  may  elect, — another  flight  of  stairs  either  in- 
side or  outside,  a  system  of  outside  fire-escapes  or  a 
fire  tower.  No  reasonable  person  can  object  to  this 
requirement. 

NOTE  5:  It  is  of  great  importance  to  have  these 
supplementary  exits,  whether  fire-escapes  or  a  second 
flight  of  stairs,  easily  accessible  to  the  occupants  of 
the  building.  The  requirement  as  to  accessibility 
differs  radically  in  the  two  classes  of  multiple  dwell- 
ings. In  the  first  class,  namely,  the  residence  build- 
ings, apartment  houses,  tenement  houses,  and  so 
forth,  the  second  way  of  egress  or  fire-escape  to  be  of 
any  value  must  be  directly  accessible  to  each  apart- 
ment. If  tenants  have  to  pass  through  a  public  hall 
(the  other  way  of  egress)  to  get  to  the  fire-escape  it  is 
of  little  value,  as  experience  has  shown  that  the  public 
hall  invariably  becomes  filled  with  smoke  and  flames 
in  such  cases  almost  immediately  after  the  outbreak 


A    MODEL    HOUSING    LAW  §  5  I 

of  fire,  the  hall  acting  as  a  gigantic  chimney  or  flue. 
This  is  a  point  where  there  can  be  no  compromise. 
Many  architects  who  have  not  had  special  experience 
with  regard  to  fires  will  not  realize  the  importance  of 
this  point.  Others  who  may  be  building  apartment 
houses  and  who  wish  to  remove  fire-escapes  from  the 
front  of  the  building  in  order  to  maintain  the  beauty 
of  its  architectural  appearance  will  desire  to  be  per- 
mitted to  locate  fire-escapes  off  the  public  hall,  but 
under  no  circumstances  can  this  safely  be  permitted. 
Such  fire-escapes  would  be  of  little  value  in  this  class 
of  buildings  and  loss  of  life  would  be  sure  to  result  if 
a  serious  fire  broke  out. 

NOTE  6:  The  requirements  are  radically  different 
in  the  case  of  multiple  dwellings  of  Class  B;  namely, 
hotels  and  buildings  of  a  similar  character  occupied 
for  transient  purposes.  While  it  would  be  desirable 
to  have  here  a  second  way  of  egress  or  fire-escape  di- 
rectly accessible  from  each  room,  this  is  not  practicable 
in  view  of  the  fact  that  such  buildings  are  usually 
divided  up  into  a  large  number  of  single  rooms  with 
an  occupant  in  each  room.  To  require  any  such  plan 
of  fire  protection  would  practically  mean  a  fire-escape 
balcony  at  every  window.  Therefore,  in  the  case  of 
hotels  and  similar  buildings  access  to  the  fire-escapes 
is  required  to  be  had  from  a  public  hall. 

NOTE  7:  It  is  to  be  observed  that  the  requirement 
for  the  second  way  of  egress  applies  to  all  classes  of 
multiple  dwellings,  both  fireproof  and  non-fireproof, 
as  experience  has  shown  that  even  in  the  case  of  a 
fireproof  apartment  house  it  is  not  safe  to  rely  upon 
a  single  way  of  egress  in  case  of  fire.  The  rooms  of 
such  apartments  are  filled  with  inflammable  material 
in  the  furnishings  and  serious  fires  can  result. 

NOTE  8:  Some  interests  may  contend  that  ele- 
vators should  serve  as  one  of  the  ways  of  egress.  This 
contention  is  not  sound  and  should  not  be  permitted. 
Elevators  can  never  be  counted  on  in  the  case  of  a 
serious  fire  as  a  means  of  getting  tenants  out,  as  the 
elevator  shaft  is  apt  to  become  filled  with  smoke  and 
flames  at  an  early  stage  of  the  fire.  The  best  fire 
authorities  refuse  to  recognize  elevators  as  ways  of 
egress. 

NOTE  9:  In  some  cities  it  has  become  the  custom 
to  erect  two-family  houses,  tenements  and  flats  with 

146 


§51  FIRE    PROTECTION 

a  front  and  rear  stairs,  the  rear  stairs  being  an  outside 
stairs,  generally  of  wood,  with  wooden  balconies  which 
are  utilized,  as  a  rule,  as  living  porches  and  prac- 
tically add  an  additional  room  to  the  apartments. 
This  has  become  a  firmly  established  type  of  construc- 
tion in  a  number  of  cities  and  is  much  desired  by  the 
tenants.  The  objections  to  this  form  of  construction 
have  been  very  fully  set  forth  in  the  discussion  of  sec- 
tion 39.  Because  of  the  desire  to  perpetuate  this  type 
of  house,  which  has  become  a  fixed  fashion  in  many 
cities,  there  will  be  strenuous  opposition  to  the  pro- 
vision of  this  section  which  requires  the  second  way  of 
egress  to  be  of  fireproof  construction,  and  it  will  be 
very  earnestly  desired  in  certain  classes  of  multiple 
dwellings  to  permit  the  use  of  outside  wooden  stairs 
and  balconies.  In  some  cities  it  may  be  necessary  to 
make  some  concession.  If  so,  the  following  concession 
is-suggested.  Add  at  the  end  of  subdivision  2  of  sec- 
tion 51  the  following: 

CONCESSION  i:  "In  the  case  of  multiple-dwellings  of  Concession 
Class  A  hereafter  erected  which  do  not  exceed  three  stories 
in  height  and  which  are  not  occupied  by  more  than  four 
families  in  all,  such  additional  flight  of  stairs  may  be  an 
outside  stairs  of  wood  with  wooden  balconies,  if  located 
on  the  rear  wall  of  the  dwelling  and  kept  entirely  unen- 
closed.10" 

NOTE  10:  It  should  be  noted  that  this  provision  Explana- 
will  permit  the  use  of  these  outside  wooden  balconies 
and  stairs  in  the  case  of  tenements  two  stories  high 
with  two  families^n  a  floor  and  also  in  the  case  of 
tenements  three  stories  high  with  not  more  than  one 
family  on  a  floor,  but  it  will  not  permit  them  in  build- 
ings exceeding  three  stories  in  height  or  containing 
more  than  two  families  on  a  floor  irrespective  of 
height. 

NOTE  1 1 :  A  fire  tower  is  a  type  of  construction  that 
is  highly  esteemed  by  fire  authorities.  It  is  generally 
a  flight  of  stairs  in  a  separate  tower  with  a  bridge  or 
platform  thrown  across  to  it  from  the  main  building. 
It  sometimes  consists  of  an  inclined  plane  or  gradient 
of  metal  highly  polished,  permitting  the  occupants  of 
the  building  to  sit  down  upon  it  and  slide  to  the  bot- 

'47 


A   MODEL   HOUSING    LAW  §  52 

torn,  on  the  method  of  the  "chute  the  chutes"  com- 
mon in  many  pleasure  resorts.  This  is  an  excellent 
type  of  quick  escape  to  get  the  people  to  the  bottom 
in  a  short  time  without  injury.  When  used,  care 
should  be  taken  to  see  that  the  knob  of  the  entrance 
door  giving  access  to  it  is  located  at  a  sufficient  height 
so  as  to  make  it  impossible  for  children  to  use  it  as  a 
day-time  plaything. 


FIRE  DOOR, 

BALCONY   SOLID  FLOOR 
OUTSIDE  BLD'O.  LINE. 

FIGURE  36 
FIRE  TOWER 

§  52.  FIRE-ESCAPES.  All  fire-escapes  hereafter  erected 
on  multiple-dwellings1  shall  be  located  and  constructed  as 
in  this  section  required.  Such  fire-escapes  shall  be  located  at 
each  story  the  floor  of  which  is  TWELVE  or  more  feet  above 
the  ground.2  Access3  to  fire-escapes  shall  not  be  obstructed 
in  any  way.  No  fire-escape  shall  be  placed  in  an  inner 
court.4  Fire-escapes  may  project  into  the  public  highway5 
to  a  distance  not  greater  than  four  feet  beyond  the  building 
line.  All  fire-escapes  shall  consist  of  outside  open  iron,6 
stone  or  concrete  balconies  and  stairways.7  All  balconies 
shall  be  not  less  than  TH  REE  feet  in  width.  All  stairways 
shall  be  placed  at  an  angle  of  not  more  than  S I  XT Y  degrees 
to  the  horizontal,  with  flat8  open  steps  not  less  than  SIX 
inches  in  width  and  TWENTY-FOUR  inches  in  length  and 
with  a  rise  of  not  more  than  E I G  HT  inches.  The  openings 
for  stairways  in  all  balconies  shall  be  not  less  than 
TWENTY-FOUR  by  TWENTY-EIGHT  inches,9  and 

148 


§  52  FIRE    PROTECTION 

shall  have  no  covers10  of  any  kind.  The  balcony  on  the  top 
floor,  except  in  the  case  of  a  balcony  on  the  street  or  in  the 
case  of  a  peaked  roof  house,  shall  be  provided  with  a  stairs 
or  with  a  goose-neck  ladder  leading  from  said  balcony  to  and 
above  the  roof11  and  properly  fastened  thereto.  A  drop 
ladder12  or  stairs  shall  be  provided  from  the  lowest  balcony 
of  sufficient  length  to  reach  to  a  safe  landing  place  beneath. 
All  fire-escapes  shall  be  constructed  and  erected  to  safely 
sustain  in  all  their  parts  a  safe  load,  and  if  of  iron  shall  re- 
ceive not  less  than  two  coats  of  good  paint,  one  in  the  shop 
and  one  after  erection.  In  addition  to  the  foregoing  re- 
quirements, all  fire-escapes  hereafter  erected  upon  multiple- 
dwellings  shall  be  constructed  in  accordance  with  such 
supplementary  regulations13  as  may  be  adopted  by  the 
superintendent  of  buildings. 

NOTE  i :    It  should  be  observed  that  the  require-  Expiana. 
ments  for  fire-escapes  apply  only  to  multiple  dwell- 
ings,  for  the  reasons  which  have  been  set  forth  in  the 
notes  appended  to  Title  3. 

NOTE  2 :  The  fire-escapes  cannot  of  course  extend 
to  the  ground,  as  this  would  disfigure  the  front  of  the 
building,  give  ready  access  to  thieves  and  would  not 
be  practicable.  A  balcony  should  be  located,  how- 
ever, at  the  second  story  or  the  first  above  the  ground. 
The  point  of  12  feet  above  the  ground  has  been  es- 
tablished here  as  being  a  reasonable  distance  and  as 
providing  for  cases  in  multiple  dwellings  where  there 
is  a  store  on  the  first  floor  and  a  high  ceiling  is  desired. 

NOTE  3:  Access  to  fire-escapes  must  be  easy.  If 
wash  tubs,  sinks  and  other  fixtures  are  put  in  the 
way  of  the  window  and  the  access  to  the  window  thus 
narrowed,  there  may  be  loss  of  life. 

NOTE  4:  Fire-escapes  in  inner  courts  are  as  a  rule 
of  little  value;  that  is,  in  an  inner  court  of  the  mini- 
mum sizes  prescribed  by  this  act.  There  may  be 
very  large  inner  courts  where  this  criticism  would  not 
apply,  but  such  a  condition  is  very  rare.  The  objec- 
tion to  a  fire-escape  in  an  inner  court  is  that  the  court 
being  enclosed  on  four  sides  acts  as  a  flue  and  in  case 
of  fire  is  apt  to  become  filled  with  smoke.  A  fire- 

149 


A    MODEL    HOUSING    LAW  §  52 

escape  in  a  court  is  also  a  detriment  in  that  it  en- 
croaches upon  the  space  left  open  for  light  and  air. 

NOTE  5 :  It  is  necessary  to  provide  that  fire-escapes 
may  project  into  the  highway  beyond  the  building 
line  in  order  to  prevent  adroit  owners  from  refusing 
to  erect  fire-escapes  on  the  ground  that  they  are  en- 
croaching on  the  public  highway.  Without  this 
special  provision  such  a  contention  would  be  plausible 
and  might  be  sustained  by  the  courts.  It  is  best  to 
take  no  chances. 

NOTE  6:  Wooden  fire-escape  balconies  are  of  little 
use  as  they  would  quickly  be  consumed  if  the  fire  were 
anywhere  near  the  balconies.  Iron  is  what  will  gen- 
erally be  used,  although  there  are  cases  where  owners 
will  wish  to  use  stone  or  concrete  in  order  to  make  the 
treatment  of  the  front  of  their  building  harmonize 
with  its  general  architectural  scheme.  This  of  course 
should  be  permitted. 

NOTE  7:  Fire-escapes  to  be  effective  must  consist 
of  stairs,  not  ladders.  Women,  old  people,  invalids 
and  children  cannot  use  vertical  ladders.  Even  if 
they  could  go  down  them  they  will  not  think  they  can 
and  the  fire-escapes  will  therefore  lose  their  value  as  a 
means  of  giving  such  persons  quick  egress  from  the 
building  in  case  of  fire.  It  is  the  universal  experience 
that  where  vertical  ladders  are  used  firemen  invariably 
have  to  rescue  the  tenants  and  carry  them  down  the 
ladders.  The  stairs  will  cease  to  be  stairs  if  they  are 
placed  at  too  great  an  angle  so  as  to  be  nearly  per- 
pendicular. There  will  be  a  constant  tendency  on  the 
part  of  owners  to  do  this  as  it  will  make  possible 
shorter  fire-escape  balconies,  thus  reducing  the  cost 
and  also  putting  less  weight  upon  the  walls  of  the 
building,  but  it  must  not  be  permitted.  Sixty  de- 
grees is  the  maximum  angle  that  should  be  permitted; 
45  would  be  better. 

NOTE  8:  The  steps  must  be  flat,  not  round  double 
rungs  as  are  put  on  a  ladder,  as  these  will  not  seem  to 
have  the  security  of  stairs  and  heels  will  catch  in  them. 
The  minimum  dimensions  herein  laid  down  are 
necessary  in  order  to  secure  stairs  that  are  not  too 
steep  or  too  narrow  and  that  will  give  a  firm  foothold. 

NOTE  9:  Fire-escape  openings  must  be  large 
enough  to  permit  persons  of  ordinary  size  to  get 
through  them  readily.  It  is  surprising  what  a  small 

150 


§  52  FIRE    PROTECTION 

hole  people  can  get  through  if  they  have  to.  The 
minimum  established  here  has  been  fixed  upon  as 
sufficient  in  most  cases. 

NOTE  10:  Covers  over  the  openings  of  fire-escape 
balconies  should  not  be  permitted.  Some  people  will 
want  to  provide  hinged  covers  because  of  accidents 
occasioned  by  people  falling  through  the  openings, 
children  playing  on  them,  and  so  forth.  When  fire 
comes  the  covers  will  be  found  to  be  rusted  down  or 
to  be  covered  over  and  cannot  be  moved  and  people 
will  be  burned  to  death.  The  balconies  should  be 
kept  free  and  for  the  purpose  of  escape  in  case  of  fire. 
Fire-escapes  are  not  playgrounds. 

NOTE  1 1 :  It  often  happens  that  owing  to  the  loca- 
tion of  the  fire,  escape  is  cut  off  below  and  tenants 
cannot  go  down  the  fire-escape  balconies;  they  there- 
fore must  be  given  a  chance  to  go  up  and  escape  from 
the  roof  to  the  roof  of  a  neighboring  building.  That 
is  why  the  goose-neck  ladder  to  the  roof  is  made  neces- 
sary. In  such  cases  tenants  can  be  rescued  from  the 
roof  by  firemen,  or  more  frequently  can  flee  to  adjoin- 
ing roofs.  Such  a  ladder  is  as  necessary  at  the  front 
of  a  building  as  at  the  rear.  To  require  it,  however, 
in  some  cases  would  mean  disfigurement. 

NOTE  12:  Drop  ladders  are  necessary  from  the 
lowest  balconies;  otherwise  the  tenants  cannot  get 
down.  Such  ladders  should  be  light  in  weight,  not 
too  long,  but  always  long  enough  to  reach  to  the 
ground.  In  some  cities  a  type  of  counter-balanced 
stairs  is  required;  this  works  on  weights  and  when 
not  in  use,  is  kept  hanging  in  the  air  in  a  horizontal  po- 
sition at  the  level  of  the  lowest  balcony.  By  stepping 
on  one  of  the  steps  the  weight  of  the  body  brings  the 
ladder  into  vertical  position;  this,  however,  is  an 
awkward,  heavy  and  cumbersome  device  and  is  ob- 
jected to  by  property  owners  as  an  unnecessary  dis- 
figurement to  their  building,  and  rightly  so.  It  gets 
out  of  order  quite  as  frequently  as  a  drop  ladder,  if 
not  more  so.  Drop  ladders  will  often  be  found  rusted 
tight  and  therefore  should  be  frequently  inspected  to 
see  that  they  are  in  working  order. 

NOTE  13:  All  the  essential  requirements  for  fire- 
escape  balconies,  their  location  and  construction,  are 
contained  in  this  section.  Other  details  of  their  con- 
struction, such  as  the  sizes  of  iron,  methods  of  bolting, 


A    MODEL    HOUSING    LAW  §  53 

and  so  forth,  may  be  safely  left  to  supplementary  regu- 
lations to  be  adopted  by  the  superintendent  of  build- 
ings or  other  public  officials  performing  similar  func- 
tions. 

§  53.  ROOF  EGRESS;  SCUTTLES  AND  BULKHEADS.  1  Every 
flat-roofed  multiple-dwelling  hereafter  erected  exceeding 
one-story  in  height  shall  have  in  the  roof  a  bulkhead2  or  a 
scuttle  not  less  than  two  feet  by  three  feet  in  size.  Such 
scuttle  or  bulkhead  shall  be  fire-proof  or  covered  with 
metal  on  the  outside  and  shall  be  provided  with  stairs 
leading  thereto  and  easily  accessible3  to  all  occupants  of 
the  building.  No  scuttle  or  bulkhead  shall  be  located  in  a 
closet  or  room,  but  shall  be  located  in  the  ceiling  of  the 
public  hall  on  the  top  floor,  and  access  through  the  same 
shall  be  direct  and  uninterrupted. 

Explana-  NOTE  i :   The  purpose  of  this  requirement  is  two- 

fold.  First,  to  afford  a  means  of  egress  to  the  roof 
of  the  building  and  thence  to  the  roofs  of  adjoining 
buildings  and  to  safety  in  the  event  of  escape  below 
being  cut  off.  This  is  valuable  only  in  the  case  of 
flat-roofed  houses.  Its  second  purpose  is  to  afford 
a  means  by  which  smoke  and  flames  can  be  quickly 
vented.  The  firemen  by  pushing  up  the  scuttle  and 
venting  the  smoke  and  flames  can  quickly  save  the 
building,  whereas  without  this  the  building  might  be 
destroyed. 

NOTE  2:  The  bulkhead  is  a  sort  of  small  penthouse 
or  structure  on  top  of  the  roof;  in  this  case  it  is  an 
enclosure  for  the  stairs  leading  to  the  roof.  It  is 
necessary  because  without  it  the  stairs  cannot  extend 
to  the  roof  and  afford  means  of  exit  that  way.  It 
should  be  noted  that  this  provision  does  not  require  a 
bulkhead  but  gives  the  owner  the  option  of  furnishing 
either  a  bulkhead  or  a  scuttle.  A  bulkhead  with 
stairs  leading  to  the  roof  of  multiple  dwellings  oc- 
cupied by  many  families  is  undoubtedly  better  than 
a  scuttle  with  a  ladder  leading  to  it.  The  require- 
ment that  the  scuttle  or  bulkhead  shall  be  covered  on 
the  outside  with  metal  is  to  secure  the  safety  of  the 
building  in  the  event  of  fire  in  the  neighborhood  and 
prevent  sparks  which  may  blow  to  the  roof  from  burn- 
152 


§§  54>  55  FIRE  PROTECTION 

ing  through  the  scuttle  or  bulkhead,  as  would  be 
likely  if  of  wood  and  unprotected. 

NOTE  3 :  If  egress  to  the  roof  is  to  be  relied  upon  it 
must  be  easily  accessible  to  the  occupants  of  the  build- 
ing. If  the  ladder  leading  to  the  scuttle  is  locked  up 
in  a  closet,  the  key  is  apt  to  be  missing  when  fire 
breaks  out  and  the  tenants  relying  on  this  means  of 
egress  would  then  become  trapped  in  the  hallway  on 
the  top  floor.  A  further  provision  will  be  found  in 
section  1 1 5  prohibiting  the  locking  of  any  scuttle  or 
bulkhead  with  a  key  for  similar  reasons. 

§  54.  STAIRS  AND  PUBLIC  HALLS.  Every  multiple-dwell- 
ing hereafter  erected  shall  have  at  least  one  flight  of  stairs 
extending  from  the  entrance  floor  to  the  roof,  and  the 
stairs  and  public  halls  therein  shall  each  be  at  least 
THREE  feet  wide  in  the  clear.  All  stairs  shall  be  con- 
structed with  a  rise  of  not  more  than  EIGHT  inches  and 
with  treads  not  less  than  TEN  inches  wide  and  not  less 
than  THREE  feet  long  in  the  clear.  Winding  stairs  will 
not  be  permitted. 

NOTE:  The  requirement  that  the  stairs  shall  afford  xpana_ 
roof  egress  has  already  been  shown  to  be  a  necessity. 
Three  feet  is  the  minimum  width  appropriate  for 
stairs  in  buildings  used  by  many  occupants.  In  fact 
this  is  a  little  too  narrow  and  many  owners  will  build 
stairs  wider  than  this.  It  is  important  to  limit  the 
rise  of  the  stair  to  not  more  than  8  inches  for  two 
reasons:  a  steeper  rise  will  be  found  dangerous  in 
case  of  fire,  as  people  running  down  in  a  hurry  will  fall 
and  pile  themselves  up  in  a  mass  at  the  foot;  stairs 
steeper  than  this  are  also  injurious  to  climb,  especially 
in  the  case  of  women.  Winding  stairs  are  prohibited 
because  in  case  of  fire  people  in  their  hurry  to  get  out 
are  likely  to  fall  and  pile  themselves  up  in  a  huddled 
mass  at  the  foot,  thus  causing  injury  and  in  many 
cases  death. 

§  55.  STAIR  HALLS.  In  multiple-dwellings1  hereafter 
erected  which  exceed  TWO  stories  in  height  or  which  are 
occupied  by  more  than  TWO  families  on  any  floor,2  the 
stair  halls3  shall  be  constructed  of  fireproof  material 

153 


A    MODEL    HOUSING    LAW  §  55 

throughout.  The  risers,  strings  and  balusters  shall  be  of 
metal,  concrete  or  stone.  The  treads  shall  be  of  metal, 
slate,  concrete  or  stone,  or  of  hard  wood4  not  less  than 
two  inches  thick.  Wooden  hand-rails  to  stairs  will  be 
permitted  if  constructed  of  hard  wood.  The  floors  of  all 
such  stair  halls  shall  be  constructed  of  iron,  steel  or  con- 
crete beams  and  fireproof  filling,  and  no  wooden  flooring 
or  sleepers  shall  be  permitted. 

Exolana-  NOTE  i :  Again  it  should  be  noted  that  this  pro- 

vision  for  fireproof  stairs  applies  only  to  multiple 
dwellings  and  even  then  only  to  certain  types  of  mul- 
tiple dwellings.  Stair  halls  in  private  houses  and 
two-family  houses  can  be  built  of  ordinary  wooden 
construction. 

NOTE  2 :  It  should  be  observed  that  there  is  a  double 
condition  imposed  in  this  section  with  regard  to  the 
class  of  buildings  affected;  namely,  the  building  must 
be  either  over  two  stories  in  height  or  be  occupied  by 
more  than  two  families  on  a  floor  to  have  the  provision 
apply.  If  either  of  these  conditions  exist,  then  the 
section  applies;  that  is,  if  the  building  is  a  three- 
story  building  with  only  one  family  on  a  floor  the 
stair  hall  must  be  fireproof.  Again,  if  the  building 
is  but  two  stories  high  and  there  are  three  families 
on  a  floor  the  stair  hall  must  be  fireproof. 

NOTE  3:  The  stair  halls  in  multiple  dwellings  are 
the  danger  points  in  case  of  fire.  No  matter  where 
the  fire  starts,  the  invariable  experience  is  that  it 
spreads  almost  immediately  to  the  stair  hall,  which 
acts  as  a  gigantic  flue.  Furthermore,  this  is  the 
normal  place  of  escape  for  the  occupants  of  the  build- 
ing. Their  first  instinct  is  to  rush  to  the  means  of 
egress  which  they  ordinarily  use.  It  is  essential, 
therefore,  that  such  portions  of  the  building  shall  be 
fireproof  throughout  so  that  when  the  fire  gets  there 
it  may  quickly  burn  itself  out  and  have  nothing  to 
feed  upon.  In  buildings  constructed  as  provided  in 
this  section  and  with  a  ventilating  skylight  over  the 
stairs,  as  is  required  in  section  37,  a  fire  would  quickly 
burn  itself  out  and  be  vented  at  the  roof,  thus  insur- 
ing the  safety  of  the  occupants. 

NOTE  4:  Hard  wood  treads  are  permitted  if  not 
less  than  2  inches  thick  because  such  a  tread  will  be 

154 


§  56  FIRE    PROTECTION 

slow  in  burning  and  could  not  possibly  burn  through 
before  the  tenants  would  have  a  chance  to  escape. 
Treads  of  this  kind  permit  the  stairs  to  have  a  finish 
which  a  slate  or  marble  tread  does  not  give;  as  the 
structure  of  the  stairs  is  made  of  iron,  stone  or  con- 
crete, they  will  in  most  cases  be  supported  by  an  iron, 
stone  or  concrete  tread  or  frame  beneath  them. 

§  56.  STAIR  ENCLOSURES.  In  all  multiple-dwellings1 
hereafter  erected  which  exceed  TWO  stories  in  height  or 
which  are  occupied  by  more  than  TWO  families  on  any 
floor  all  stair  halls  shall  be  enclosed2  on  all  sides  with  walls 
of  brick3  or  other  approved  fireproof  material  not  less  than 
eight  inches  thick.  The  doors  opening  from  such  stair 
halls  shall  be  fireproof  and  self-closing.5  There  shall  be 
no  transom  or  sash  or  similar  opening4  from  such  stair  hall 
to  any  other  part  of  the  house. 

NOTE  i :  This  section  applies  only  to  certain  classes 

c    i        -1    1-  i  j    •  i  11 

of  buildings,  as  explained  in  notes  i  and  2  under  the 
discussion  of  section  55. 

NOTE  2 :  It  has  been  pointed  out  in  note  3  under  the 
discussion  of  section  55  that  the  stair  hall  is  the  danger 
point  in  the  multiple  dwelling.  This  being  so,  the 
complete  fireproof  construction  of  stair  halls  is  the 
keystone  of  the  arch  of  safety  of  the  building.  In 
order  to  prevent  fires  spreading  from  stair  halls  to 
apartments  or  rooms, — "mushrooming  out,"  as  it  is 
called, — the  stairs  must  be  enclosed  in  brick  walls. 
Where  the  stair  halls  are  separated  from  the  apart- 
ments by  the  ordinary  lath  and  plaster  partition,  the 
fire  quickly  eats  its  way  through  it. 

NOTE  3:  It  may  be  asked  why  these  walls  are 
limited  to  brick,  and  why  partitions  of  terra  cotta 
blocks  or  plaster  blocks  or  other  forms  of  fireproof 
material  should  not  be  permitted.  There  are  two 
reasons  for  this  apparent  discrimination.  The  first 
is  that  as  soon  as  one  form  of  fireproof  block  is  per- 
mitted, all  the  other  forms  of  fireproof  blocks  are  sure 
to  be  allowed.  Some  fireproof  blocks  are  good  and 
will  stand  both  the  heat  and  water  tests,  but  many  of 
the  so-called  fireproof  blocks  in  use  are  little  better 
than  rubbish.  Moreover,  there  is  no  way  of  being 

155 


A    MODEL    HOUSING    LAW  §  56 

sure  that  blocks  of  the  quality  that  have  been  sub- 
mitted to  the  test  and  have  been  approved  by  the 
building  officials  will  be  used  on  the  job.  Blocks 
of  inferior  quality  are  often  substituted.  The  diffi- 
culties of  enforcement  are  so  great  as  to  make  the 
securing  of  the  right  kind  of  blocks  extremely  doubt- 
ful. It  may  be  safe  to  take  chances  in  this  respect  in 
other  parts  of  the  building,  but  the  stair  hall  is  so 
strategic  a  point  in  the  fight  against  fire  that  no 
chances  can  safely  be  taken  here. 

The  other  reason  is  that  most  of  the  blocks  used, 
while  incombustible,  will  not  stand  up  against  the 
water  pressure  in  a  fierce  fire  when  the  hose  is  turned 
against  them.  A  brick  wall  will.  The  same  reasons 
apply  to  the  requirement  that  the  wall  shall  be  not 
less  than  8  inches  in  thickness;  namely,  two  courses 
of  brick.  Anything  less  than  8  inches  will  not  give 
satisfaction  as  it  will  not  stand  up  against  the  hose 
pressure. 

NOTE  4:  The  ideal  condition  would  be  to  have  the 
stair  hall  shut  off  completely  from  the  apartments 
without  any  openings  from  the  stair  hall  to  the  apart- 
ments. This,  however,  is  of  course  impossible,  as 
there  must  be  door  openings  in  the  walls  enclosing 
the  stair  hall  to  give  the  tenants  access  to  their  rooms; 
but  these  should  be  the  only  openings.  Transoms 
or  windows,  either  movable  or  stationary,  should 
under  no  circumstances  be  permitted,  not  even  when 
they  are  made  of  wire-glass.  No  liberties  can  be 
taken  with  this  vital  point  of  the  building.  Each 
opening  means  weakness.  For  these  reasons  it  is 
deemed  necessary  that  the  doors  leading  from  the 
hall  to  the  apartments  shall  be  both  fireproof  and  self- 
closing,  so  that  in  the  event  of  fire,  if  the  fire  starts 
in  an  apartment  it  cannot  quickly  eat  through  the 
panels  of  a  wooden  door  and  thus  communicate  to 
the  stair  hall  and  spread  throughout  the  building 
endangering  the  lives  of  the  occupants;  nor,  vice 
versa,  can  the  fire  eat  through  from  the  stair  hall  to 
the  apartments  of  the  tenants.  For  this  reason  a 
fireproof  door  is  necessary.  This  does  not  mean  an 
iron  door;  the  ordinary  "kalomein"  door  is  entirely 
adequate;  this  is  a  wooden  door  the  edges  and  sides 
of  which  have  been  carefully  covered  with  metal.  It 
is  a  standard  fireproof  door  recognized  by  the  under- 

156 


§  57  FIRE    PROTECTION 

writers  throughout  the  country.  Many  fire  authori- 
ties consider  it  better  than  a  metal  door  as  it  is  slow- 
burning  and  will  not  warp  in  case  of  extreme  heat  as 
an  iron  door  would.  The  manufacture  of  metal- 
covered  doors  has  been  so  perfected  that  it  is  difficult 
for  the  ordinary  observer  to  tell  them  from  wood, 
stained  and  finished  as  they  are  to  represent  oak  or 
mahogany;  thus  they  are  not  an  eye-sore  when  used 
in  high-grade  buildings. 

NOTE  5 :  The  requirement  that  the  doors  shall  be 
self-closing  is  for  the  purpose  of  safeguarding  the  situ- 
ation where  a  tenant  is  aroused  by  a  cry  of  fire  or 
smells  smoke,  opens  the  door  of  his  apartment  leading 
to  the  stair  hall,  is  met  by  a  gust  of  smoke  or  flame 
and  rushes  back  into  his  apartment  and  thence  to  the 
fire-escape,  leaving  the  door  from  the  apartment  to 
the  hall  open,  thus  permitting  the  flames  to  enter  the 
apartment  and  destroy  it.  The  self-closing  door 
insures  the  closing  of  the  door  even  if  the  occupant 
becomes  panic  stricken.  This  is  a  very  important 
requirement.  It  involves  no  material  cost,  as  the 
purposes  of  the  act  are  met  if  the  door  is  provided 
with  a  strong  spiral  spring  or  is  so  hinged  as  to  close 
itself,  as  can  easily  be  done  by  giving  the  hinge  a 
slight  inclination. 

§  57.  ENTRANCE  HALLS.  Every  entrance  hall  in  a  mul- 
tiple-dwelling hereafter  erected  shall  be  at  least  FOUR 
FEET  SIX  INCHES  wide1  in  the  clear,  and  shall  comply 
with  all  the  conditions  of  the  preceding  sections  as  to  the 
construction  of  stair  halls.2  In  every  multiple-dwelling 
hereafter  erected,  access3  shall  be  had  from  the  street  or 
alley  to  the  yard,  either  in  a  direct  line  or  through  a 
court. 

NOTE  i :  As  the  tenants  from  all  the  upper  stories  Explana- 
in  case  of  fire  have  to  use  the  same  entrance  hall  to  get 
access  to  the  street,  it  is  obvious  that  it  is  necessary  to 
have  the  entrance  hall  wider  than  the  individual  halls 
on  each  story.  The  minimum  prescribed  here  is  the 
minimum.  Most  builders  will  leave  a  wider  entrance 
hall.  Five  feet  is  none  too  wide. 

NOTE  2:  The  entrance  hall,  as  it  is  an  essential 
part  of  the  way  out  of  the  building  in  case  of  fire,  will 

157 


A    MODEL    HOUSING    LAW  §  58 

of  course  have  to  be  constructed  fireproof  in  the  same 
way  that  the  stair  halls  are  at  each  story. 

NOTE  3:  Access  from  street  to  yard  is  important 
both  as  a  means  of  egress  for  the  tenants  who  may  go 
down  the  rear  fire-escapes  or  rear  stairs,  and  also  as 
a  means  of  access  to  the  rear  of  the  building  for  the 
firemen  who  may  wish  to  fight  the  fire  from  the  rear 
of  the  building  and  who  might  be  prevented  from  so 
doing  if  there  were  not  such  rear  access.  The  best 
access  is  on  the  ground  floor  in  a  direct  line  from  the 
street  by  extending  the  entrance  hall  to  the  yard. 
Sometimes  this  is  not  feasible.  In  such  cases  the 
next  best  access  is  by  a  tunnel  or  passageway  through 
the  cellar  in  a  straight  line  from  the  street  to  the  yard. 

§  58.  DUMB-WAITERS  AND  ELEVATORS.  In  multiple- 
dwellings  hereafter  erected  all  dumb-waiters  and  eleva- 
tors shall  be  enclosed  in  fireproof  shafts1  with  fireproof 
doors  at  all  openings  at  each  story,  including  the  cellar. 
In  the  case  of  dumb-waiters  such  doors  shall  be  self-clos- 
ing.2 No  elevator  shall  be  permitted  in  the  well-hole  of 
stairs3  but  every  elevator  shall  be  completely  separated 
from  the  stairs  by  fireproof  walls  enclosing  the  same. 

Explana-  NOTE  i :  Any  vertical  shaft,  such  as  an  elevator  or 

dumb-waiter  shaft,  extending  throughout  the  build- 
ing, is  a  potent  means  of  spreading  fire,  as  it  acts  as  a 
flue,  and  fire  leaps  from  floor  to  floor  almost  im- 
mediately. It  is  therefore  essential  for  the  protection 
of  the  building  that  such  shafts  be  completely  enclosed 
within  fireproof  walls,  with  fireproof  doors  at  all  open- 
ings, especially  in  the  cellar,  as  the  cellar  is  the 
greatest  danger  point,  owing  to  the  accumulation  of 
waste  materials  usually  found  there. 

NOTE  2:  In  the  case  of  dumb-waiters  the  doors 
should  be  self-closing  for  the  reasons  pointed  out  in  note 
5  in  the  discussion  of  section  56.  This  is  not  feas- 
ible in  the  case  of  elevators,  as  elevators  are  equipped 
with  sliding  doors  which  cannot  be  self-closing. 
Nor  is  there  such  necessity,  as  elevators  are  always 
operated  by  some  individual  who  can  be  relied  upon 
to  keep  the  doors  closed  for  purposes  of  safety. 

NOTE  3:  Until  very  recently  the  practice  has  been 
general  not  only  in  multiple  dwellings  but  in  public 

.58 


§  59  FIRE    PROTECTION 

buildings  such  as  office  buildings,  and  so  forth,  of 
locating  the  elevators  alongside  the  public  stairs  and 
even  in  the  same  well-hole.  Recent  experience  with 
one  or  two  disastrous  fires,  however,  has  shown  that 
the  elevator  with  its  greased  tracks  is  a  potent  source 
of  danger  in  case  of  fire  and  that  stairs  located  along- 
side the  elevators  are  likely  to  be  useless  if  fire  breaks 
out  in  the  region  of  the  elevators.  For  this  reason 
the  recent  practice  not  only  in  housing  laws  but  in 
building  codes  is  to  require  the  elevators  to  be  com- 
pletely separated  from  the  stairs  by  fireproof  walls. 

§59.  CELLAR  STAIRS.  In  multiple-dwellings  of  Class  A 
hereafter  erected  which  exceed  TWO  stories  in  height  or 
which  are  occupied  by  more  than  TWO  families  on  any 
floor  there  shall  be  no  inside  stairs  communicating  between 
the  cellar  or  other  lowest  story  and  the  floor  next  above, 
but  such  stairs  shall  in  every  case  be  located  outside 
the  building. 

NOTE:  One-fourth  of  all  fires  in  multiple  dwellings 

,,  ~^,          f  ,  r 

start  in  cellars.     These  frequently  contain  much  rub- 

bish  and  waste  material,  and  tenants  and  sometimes 
outsiders  throw  matches  on  the  cellar  floors.  For 
these  reasons  the  cellar  is  a  danger  point.  In  order  to 
safeguard  the  lives  of  the  tenants  the  cellar  should  be 
completely  shut  off  from  the  upper  parts  of  the  build- 
ing. In  the  larger  buildings  this  should  be  done  by  a 
tier  of  fireproof  beams  and  fireproof  flooring,  and  in  all 
multiple  dwellings  there  should  be  no  inside  com- 
munication between  the  cellar  and  the  upper  stories. 
If  there  is  such  communication  in  the  form  of  an 
inside  stairs,  a  fire  which  starts  in  the  cellar 
will  quickly  spread  throughout  the  building  and 
endanger  the  lives  of  the  occupants.  While  it  is 
slightly  inconvenient  for  tenants  to  have  to  go  out- 
side of  the  building  into  the  yard  or  court  to  get 
down  into  the  cellar,  that  inconvenience  is  not  com- 
parable to  the  danger  arising  from  the  other  form 
of  construction.  This  inconvenience  can  be  mini- 
mized by  locating  the  outside  stairs  immediately 
adjoining  the  rear  wall  of  the  building  or  the  court 
wall  and  thus  not  causing  any  material  inconvenience. 
In  elevator  apartment  houses  both  the  elevator  shafts 

159 


A    MODEL    HOUSING    LAW  §§6o,  6l,62 


Explana- 
tion 


Explana- 
tion 


Explana- 
tion 


and  dumb-waiter  shafts  will  extend  down  into  the 
cellar,  but  as  these  will,  under  the  provisions  of  sec- 
tion 58,  be  entirely  enclosed  with  brick  walls  and  be 
provided  with  fireproof  doors,  the  danger  of  fire 
spreading  through  this  means  is  practically  reduced 
to  a  minimum. 

§  60.  CLOSET  UNDER  FIRST  STORY  STAIRS.  In  multiple- 
dwellings  hereafter  erected  no  closet  of  any  kind  shall  be 
constructed  under  any  staircase  leading  from  the  entrance 
story  to  the  upper  stories,  but  such  space  shall  be  left  en- 
tirely open  and  kept  clear  and  free  from  incumbrance. 

NOTE:  Closets  should  not  be  permitted  under 
stairs  leading  to  the  upper  stories.  If  they  are,  waste 
materials  will  accumulate.  Sometimes  oily  rags  will 
be  thrown  into  them  by  servants,  engineers  or  ten- 
ants. Spontaneous  combustion  may  take  place  and 
the  whole  stairs  suddenly  be  on  fire. 

§61.  CELLAR  ENTRANCE.  In  every  multiple-dwelling 
hereafter  erected  there  shall  be  an  entrance  to  the  cellar 
or  other  lowest  story  from  the  outside  of  the  said  building. 

NOTE:  The  purpose  of  this  section  is  to  enable  the 
firemen  to  quickly  get  at  a  cellar  fire  and  control  it. 

§62.  WOODEN  MULTIPLE-DWELLINGS.  No  wooden  mul- 
tiple-dwelling shall  hereafter  be  erected,  and  no  wooden 
building  not  now  used  as  a  multiple-dwelling  shall  here- 
after be  altered  into  a  multiple-dwelling  or  converted  to 
such  use. 

NOTE:  In  some  of  the  larger  cities  wooden  tene- 
ment houses  are  permitted.  They  should  not  be  tol- 
erated. They  are  not  only  a  danger  in  case  of  fire 
but  when  old  become  a  source  of  sanitary  evil,  filled 
with  vermin  and  disease  germs.  No  new  wooden 
multiple  dwellings  are  necessary.  Where  land  values 
are  so  low  that  brick  or  concrete  cannot  be  profitably 
constructed  multiple  dwellings  are  not  necessary  but 
the  population  can  be  profitably  housed  in  one-family 
or  two-family  dwellings. 

1 60 


§  JO  ALTERATIONS 


ARTICLE  III 
ALTERATIONS 

In  this  article  will  be  found  the  provisions  which  must 
be  observed  when  a  person  proposes  to  alter  an  existing 
dwelling. 

NOTE:  At  first  sight  it  will  seem  to  many  that  most 
of  the  provisions  in  this  article  are  a  repetition  of  pro-  ^ 
visions  to  be  found  in  Article  II.  While  it  is  true 
that  many  of  them  could  be  combined  with  similar 
sections  in  the  article  relating  to  new  buildings,  they 
have  purposely  been  placed  in  a  separate  article  for 
the  sake  of  greater  clarity  and  greater  facility  of  use. 
One  of  the  chief  advantages  of  this  law  lies  in  this  very 
fact,  that  it  is  so  divided  into  separate  parts,  thus 
making  it  possible  for  different  interests  to  concern 
themselves  only  with  those  provisions  of  the  law  which 
directly  affect  them.  For  example,  the  owner  of  an 
existing  dwelling  will  only  have  to  concern  himself 
with  the  maintenance  provisions  (Article  IV)  and 
improvements  (Article  V),  and  of  course  the  general 
provisions  which  contain  the  definitions  (Article  I). 
He  will  not  have  to  wade  through  the  detail  of  the 
provisions  which  affect  new  buildings.  Similarly, 
the  builder  who  wants  to  erect  a  new  dwelling  will 
only  have  to  concern  himself  with  Articles  I  and  II, 
and  the  owner  of  an  existing  building  in  the  event  of 
his  contemplating  alterations  will  have  to  concern 
himself  only  with  the  provisions  of  this  article, 
namely,  Article  III. 


§  70.  PERCENTAGE  OF  LOT  OCCUPIED.  No  dwelling  shall 
hereafter  be  enlarged  or  its  lot  be  diminished,  or  other 
building  placed  on  its  lot,  so  that  a  greater  percentage  of 
the  lot  shall  be  occupied  by  buildings  or  structures  than 
provided  in  section  twenty  of  this  act. 
ii  161 


A    MODEL    HOUSING    LAW  §§71,  ?2 

Explana-  NOTE:   It  is  obvious  that  it  is  not  fair  to  permit  an 

tion  old  dwelling  to  be  altered  so  as  to  cover  more  of  the 

lot  than  would  be  permitted  in  the  case  of  a  new  one. 
The  conditions  are  naturally  better  in  the  newer  build- 
ing. Failure  to  safeguard  this  point  would  lead  to 
the  almost  complete  evasion  of  the  law  with  respect 
to  new  buildings  as  was  shown  by  the  experience  of  an 
eastern  city  some  years  ago,  referred  to  in  note  i  under 
the  discussion  of  section  3.  This  provision  not  only 
forbids  the  extension  of  an  existing  dwelling  beyond 
the  limits  specified,  but  also  prohibits  the  erection  of 
other  buildings  or  structures  on  the  same  lot  so  as  to 
cover  more  land  than  is  permitted. 

§  71.  HEIGHT.  No  dwelling  shall  be  increased  in  height 
so  that  the  said  dwelling  shall  exceed  the  WIDTH  of  the 
widest  street  on  which  it  abuts,  nor  in  any  case  ONE 
HUNDRED  feet. 

ExDlana-  NOTE:    This  does    not    prohibit    the    increase  in 

height  of  an  existing  dwelling  but  does  prohibit  such 
increase  beyond  the  limits  allowed  for  new  dwellings. 
If  it  is  decided  to  make  the  concession  discussed  in 
section  21  in  connection  with  the  height  of  new  dwell- 
ings so  as  to  exempt  hotels,  a  similar  concession  should 
be  made  here.  Add  at  the  end  of  the  section  the  fol- 
lowing: 

Concession          CONCESSION    i:   "This   provision    shall    not   apply   to 
hotels." 

§  72.  YARDS.  No  dwelling  shall  hereafter  be  enlarged 
or  its  lot  be  diminished,  or  other  building  placed  on  the 
lot,  so  that  the  rear  yard  or  side  yard  shall  be  less  in  size 
than  the  minimum  sizes  prescribed  in  sections  twenty-two 
and  twenty-three  of  this  act  for  dwellings  hereafter 
erected. 

Explana-  NOTE:    It  should  be  observed  that  this  does  not 

prohibit  the  alteration  or  extension  of  existing  dwell- 
ings or  the  encroachment  on  an  existing  yard,  but 
only  prohibits  reduction  of  the  minimum  size  of  a 
rear  yard  or  side  yard  below  the  standard  established 
for  new  dwellings. 

162 


§  73  ALTERATIONS 

§  73.  NEW  COURTS  IN  EXISTING  DWELLINGS. 1  Any 
court  hereafter  constructed  in  a  dwelling  erected  prior  to 
the  passage  of  this  act  used  to  light  or  ventilate  rooms2  or 
water-closet  compartments  shall  be  not  less  than  EIGHT 
feet  in  its  least  dimension  in  any  part,  and  such  court 
shall  under  no  circumstances  be  roofed  or  covered  over 
with  a  roof  or  skylight;  every  such  court,  if  an  inner 
court,  shall  be  provided  at  the  bottom  with  one  or  more 
horizontal  air-intakes  which  shall  consist  of  passageways 
each  not  less  than  THREE  feet  wide  and  SEVEN  feet 
high,  which  shall  communicate  directly  with  the  street 
or  rear  yard,  and  shall  always  be  left  open,  or  be  pro- 
vided with  an  open  gate  at  each  end. 

NOTE  i :  This  section  prescribes  the  limits  in  width  Explana- 
and  area  of  a  new  court  which  may  be  hereafter  con- 
structed  in  an  existing  dwelling  to  provide  light  and 
ventilation  for  rooms  or  water-closets.  It  will  be 
noted  that  this  requirement  does  not  correspond  to 
the  requirement  for  courts  in  new  dwellings  but  is 
less  strict.  While  from  an  ideal  point  of  view  it 
would  be  desirable  to  impose  the  same  standards  as 
in  the  case  of  a  new  dwelling,  the  effect  of  this  would 
be  practically  to  prevent  the  improvement  of  the 
older  houses,  an  improvement  that  should  be  en- 
couraged, not  discouraged.  It  has  therefore  been 
thought  wise  to  permit  a  court  8  feet  in  width  and 
length  in  a  dwelling  of  this  type.  In  order  to  keep 
the  provision  simple  and  to  encourage  this  type  of 
improvement,  the  plan  for  an  increase  in  the  size  of 
the  court  proportionate  to  the  height  of  the  building 
as  required  for  new  buildings,  is  not  followed  here. 
The  horizontal  air-intakes,  or  tunnels,  at  the  bottom 
of  the  court  are  an  essential  feature  in  a  court  of  this 
small  size  to  insure  circulation  of  the  air. 

NOTE  2:  This  section  assumes  especial  significance 
in  connection  with  the  requirement  contained  in  sec- 
tion 1 20,  where  a  scheme  is  laid  down  for  the  bringing 
of  light  and  air  into  the  inner  dark,  windowless  rooms 
which  exist  in  so  many  cities.  There  are  two  methods 
by  which  such  rooms  can  be  improved.  The  simpler 
and  cheaper  method  is  the  one  outlined  in  section  120; 
namely,  the  cutting  in  of  a  window  in  the  partition 


A    MODEL    HOUSING    LAW 


§73 


between  the  inner  and  outer  room.  There  wilt  be 
cases,  however,  where  the  owner  desires  to  make 
greater  improvements  than  this  and  to  construct  a 
small  court  in  the  building  for  the  purpose  of  lighting 
the  inner  rooms  and  also  the  new  water-closets  which 
he  intends  installing  in  the  building  in  cases  where 


K  ITCHED 


FIGURE  37 
NEW  COURT  IN  AN  OLD  BUILDING 

there  have  been  vaults  or  similar  receptacles  out  of 
doors  and  where,  under  the  provisions  of  section  124, 
these  have  to  be  removed.  In  such  instances  it  is  to 
the  owner's  interest,  as  well  as  greatly  to  the  interest 
of  the  tenants,  to  have  a  small  court  constructed  in 
the  building. 

164 


§§  74,  75 


ALTERATIONS 


§  74.  ADDITIONAL  ROOMS  AND  HALLS.  Any  additional 
room  or  hall  that  is  hereafter  constructed  or  created  in  a 
dwelling  shall  comply  in  all  respects  with  the  provisions  of 
article  two  of  this  act,  except  that  it  may  be  of  the  same 
height  as  the  other  rooms  on  the  same  story  of  the  dwelling. 

NOTE:    This  is  a  necessary  provision,  as  otherwise  Explana- 
apartments  and  rooms  in  existing  dwellings  could  be  tjon 
subdivided  and  dark  rooms  and  rooms  too  small  in 
size  could  be  created. 

§  75.  ROOMS  AND  HALLS,  LIGHTING  AND  VENTILATION  OF. 
No  dwelling  shall  be  so  altered  or  its  lot  diminished  that 
any  room  or  public  hall  or  stairs  shall  have  its  light  or  ven- 
tilation diminished  in  any  way  not  approved  by  the  health 
officer. 

NOTE:    It  has  been  found  necessary  to  enact  this  Explana- 
" drag-net"  provision,  as  it  is  not  always  possible  to 
state  in  detail  all  of  the  circumstances  which  may 


STREET 

DEFORE  ALTERATION 
"A"  15  LIQHT 


.STREET 

„    „  AFJER  "2.  NEW 

f5.Sj"CARE  APDED-TVlS  DARK 

FIGURE  38 


arise  in  connection  with  the  alteration  of  the  interior 
of  existing  dwellings.  Without  such  a  provision  it 
has  been  found  that  alterations  which  prove  injurious 
to  the  welfare  of  the  occupants  are  of  ten  brought  about. 
For  example,  an  extension  could  be  added  to  an  exist- 
ing dwelling  in  such  a  way  as  greatly  to  diminish  the 
light  and  ventilation  of  existing  rooms,  although  the 

,65 


A    MODEL    HOUSING    LAW 


76 


new  rooms  thus  created  might  have  adequate  light 
and  ventilation.  Figure  38  on  page  165  illustrates 
this.  A  represents  an  existing  room  which,  before 
the  extension  was  added,  was  flooded  with  light  and 
air.  Since  the  addition  of  the  extension  and  the  crea- 
tion of  two  new  rooms,  B  and  C,  A  has  become  almost 
uninhabitable,  though  rooms  B  and  C  are  strictly 
legal  and  are  desirable  rooms. 

In  a  similar  way  without  a  provision  of  this  kind 
it  would  be  possible  where  an  existing  public  hallway 
extends  to  the  rear  of  the  dwelling,  running  through 
from  the  street  to  the  yard  and  thus  affording  ample 
light  and  ventilation,  to  shut  this  off  and  make  a  room 
at  either  end  of  the  hall,  thus  making  the  hallway 


HALL     LIG-HT 
EXTENDS  TO  YARD 


HALL    DAKK 
ROOM  BUILT  ACROSS  END 


FIGURE  39 


dark  and  without  ventilation.  Figure  39  illustrates 
this.  The  left-hand  diagram  shows  the  hallway  as  it 
was  originally.  The  right-hand  diagram  shows  the 
same  public  hallway  after  this  undesirable  alteration. 

§  76.  ALCOVES  AND  ALCOVE  ROOMS.  No  part  of  any 
room  in  a  dwelling  shall  hereafter  be  enclosed  or  sub- 
divided, wholly  or  in  part,  by  a  curtain,  portiere,  fixed 
or  movable  partition  or  other  contrivance  or  device,  unless 
such  part  of  the  room  so  enclosed  or  subdivided  shall  con- 
tain a  window  as  required  by  sections  twenty-nine,  thirty 
and  thirty-five  of . this  act,  and  have  a  floor  area  of  not  less 
than  ninety  square  feet. 

166 


§§  77>  78  ALTERATIONS 

NOTE:   The  necessity  for  not  permitting  dark  al-  Explana- 
cove  rooms  has  been  fully  discussed  in  the  notes  under  tion 
section  33.     It  is  apparent  that  if  we  do  not  wish  to 
have  new  dark  rooms  created  in  the  future  there  must 
be  a  provision  of  this  kind  to  prevent  the  alteration 
of  rooms  in  this  way. 

§  77.  SKYLIGHTS.  All  new  skylights  hereafter  placed  in  a 
multiple-dwelling  shall  be  provided  with  ridge  ventilators 
having  a  minimum  opening  of  FORTY  square  inches  and 
also  with  either  fixed  or  movable  louvres  or  with  movable 
sashes,  and  shall  be  of  such  size  as  may  be  determined  to 
be  practicable  by  the  health  officer. 

NOTE:  It  should  be  noted  that  this  provision  re-  Exp}ana_ 
quires  no  change  in  existing  skylights.  It  applies  tjo^ 
only  to  those  which  may  hereafter  be  placed  in  an 
existing  house;  it  also  applies  only  to  multiple  dwell- 
ings. This  is  an  attempt  to  improve  the  existing  con- 
ditions of  light  and  ventilation,  especially  ventilation, 
in  the  dark  hallways  of  existing  multiple  dwellings. 
The  conditions  vary  so  greatly  in  different  buildings 
that  experience  shows  it  to  be  unwise  to  attempt  to 
outline  in  the  law  in  precise  terms  the  exact  condi- 
tions which  must  be  observed. 

§78.  WATER-CLOSET  ACCOMMODATIONS.  Every1  water- 
closet  hereafter  placed  in  a  dwelling,  except  one  pro- 
vided to  replace  a  defective  or  antiquated  fixture2  in  the 
same  location,  shall  comply  with  the  provisions  of  sec- 
tions thirty-five,  forty-five  and  forty-seven  of  this  act 
relative  to  water-closets  in  dwellings  hereafter  erected. 
Except  that  in  the  case  of  a  new  water-closet  installed  on 
the  top  floor  of  an  existing  dwelling,3  a  ventilating  sky- 
light open  to  the  sky  may  be  used  in  lieu  of  the  windows 
required  by  section  thirty-five. 

NOTE  i :   It  is  obvious  that  it  will  not  do  to  permit  Explana- 
new  water-closets  to  be  placed  in  old  buildings  located  tjon 
in  the  dark,  or  with  antiquated  fixtures,  or  without 
waterproof  floors,  or  in  other  ways  to  perpetuate  the 
evils  of  the  older  types  of  fixtures. 

.67 


A    MODEL    HOUSING    LAW  §  79 

NOTE  2:  An  exception  is  properly  made  in  the  case 
where  a  new  fixture  is  put  in  to  replace  a  defective 
or  antiquated  fixture,  provided  it  is  in  the  same  loca- 
tion. For  instance,  there  will  frequently  arise  cases 
where  there  are  broken  fixtures  located  in  compart- 
ments which  are  not  lighted  and  ventilated  directly 
to  the  outer  air.  The  health  of  the  occupants  of  the 
house  requires  the  broken  fixture  to  be  taken  out  and  a 
new  fixture  substituted.  Unless  this  provision  were 
made  it  would  be  unlawful  to  replace  the  old  fixture 
because  the  closet  is  not  lighted  and  ventilated  to  the 
outer  air.  From  an  ideal  point  of  view  it  would  be 
desirable  to  require  all  existing  water-closets  which 
are  not  .now  lighted  and  ventilated  to  the  outer  air 
to  be  abandoned  and  a  new  location  found  for  them, 
but  this  is  not  a  practicable  plan,  as  it  involves  too 
great  an  expenditure  of  money  and  sacrifice  of  space 
on  the  part  of  the  owner  for  the  results  obtained. 

NOTE  3 :  It  is  often  desired  to  construct  a  new  bath- 
room or  place  an  additional  water-closet  on  the  top 
floor  of  an  existing  dwelling  in  a  location  where  there 
will  not  be  a  window  to  the  outer  air  but  a  skylight 
can  be  used  instead.  Ample  light  and  air  can  thus 
be  obtained  and  there  is  no  harm  in  permitting  this 
to  be  done.  This  assumes  especial  importance  in 
connection  with  the  removal  of  privy  vaults  required 
under  section  124.  This  important  work  will  be 
greatly  facilitated  if  owners  realize  that  they  can 
place  the  water-closets  that  are  to  be  substituted  for 
the  privy  vaults  on  the  top  floor  of  the  building  and 
light  and  ventilate  them  by  ventilating  skylights  in 
the  roof.  No  attempt  has  been  made  to  lay  down  in 
the  law  the  minimum  size  of  the  skylight  or  the  amount 
of  ventilation  to  be  secured,  as  there  would  be  no 
object  on  the  part  of  the  owner  in  reducing  this  below 
a  proper  standard. 

§  79.  FIREPROOF  DWELLINGS.  No  dwelling  shall  here- 
after be  altered  so  as  to  exceed  THREE  stories  in  height 
unless  it  shall  be  a  fireproof  dwelling. 

Explana-  NOTE:    This   section   prohibits   the   extension   in 

height  of  an  existing  dwelling  above  the  limits  pre- 
scribed for  new  dwellings  laid  down  in  section  50.     If 
the  limit  of  height  there  established  is  changed  from 
1 68 


§§80,81,82,83,84  ALTERATIONS 

three  stories  to  something  else,  the  standard  in  this 
section  should  be  similarly  changed  to  correspond. 

§  80.  FIRE-ESCAPES.  All  fire-escapes  hereafter  con- 
structed on  any  multiple-dwelling  shall  be  located  and 
constructed  as  prescribed  in  section  fifty-two  of  this  act. 

NOTE:  This  section  in  no  way  affects  existing  fire-  Explana- 
escapes.     It  applies  only  to  those  which  may  be  here-  ^on 
after  erected  upon  a  multiple  dwelling.     It  is  obvious 
that  all  new  fire-escapes  that  'are  constructed  in  the 
future,  whether  upon  a  new  dwelling  or  an  old  one, 
if  the  fire-escapes  are  themselves  new,  should  conform 
to  the  provisions  of  the  law  with  regard  to  fire-escapes 
on  new  dwellings.  , 

§  8 1 .  ROOF  STAIRS.  No  stairs  leading  to  the  roof  in  any 
multiple-dwelling  shall  be  removed  or  be  replaced  with  a 
ladder. 

§  82.  BULKHEADS.  Every  bulkhead  hereafter  con- 
structed in  a  multiple-dwelling  shall  be  constructed  fire- 
proof or  covered  with  metal  on  the  outside. 

NOTE:   The  reasons  for  requiring  bulkheads  to  be  Explana- 
covered  with  metal  on  the  outside  have  been  fully  ^  J^ 
set  forth  in  the  discussion  under  section  53. 

§  83.  STAIRWAYS.  No  public  hall  or  stairs  in  a  multiple- 
dwelling  shall  be  reduced  in  width  so  as  to  be  less  than  the 
minimum  width  prescribed  in  sections  fifty-four  and  fifty- 
seven  of  this  act. 

§  84.  DUMB-WAITERS  AND  ELEVATORS.  All  dumb- 
waiters and  elevators  hereafter  constructed  in  multiple- 
dwellings  shall  be  enclosed  in  fireproof  shafts  with  fire- 
proof doors  at  all  openings  at  each  story,  including  the 
cellar,  in  the  case  of  dumb-waiters  such  doors  shall  be  self- 
closing;  and  such  shafts  shall  be  completely  separated  from 
the  stairs  by  walls  of  approved  fireproof  material  enclosing 
the  same. 

NOTE:  This  section  does  not  apply  to  dumb-waiter  -gx  i 
shafts  or  elevator  shafts  which  are  already  in  existence,   ,  -x* 
169 


A    MODEL    HOUSING    LAW  §  85 

but  only  to  new  ones  which  may  be  installed  after 
the  act  takes  effect  both  in  new  dwellings  and  in 
existing  ones.  The  reasons  for  this  requirement  have 
been  fully  set  forth  in  the  discussion  under  section  58. 


§85.  ALTERATION  OF  EXISTING  WOODEN  MULTIPLE- 
DWELLINGS.  No  existing  wooden  multiple-dwelling  shall 
hereafter  be  enlarged,  extended  or  raised,  except  that  a 
wooden  extension  not  exceeding  a  total  area  of  seventy 
square  feet  may  be  added,  provided  such  extension  is  used 
solely  for  bath-rooms  or  water-closets.  Nor  shall  any 
existing  wooden  multiple-dwelling  be  so  altered  or  have 
its  occupancy  so  changed  as  to  be  occupied  by  more  than 
one  family  on  any  floor. 

Exola  NOTE:   As  new  multiple  dwellings  constructed  of 

wood  are  entirely  forbidden,  it  is  obvious  that  the 
increase  in  height  of  existing  wooden  multiple  dwell- 
ings should  not  be  permitted.  It  will  not  do,  how- 
ever, to  prohibit  absolutely  any  alteration  to  such 
buildings.  Additions  will  of  necessity  have  to  be 
made  in  some  cases,  especially  where  privy  vaults 
are  removed  and  water-closets  are  installed.  It 
would  be  absurd  to  require  the  new  extension  to  a 
wooden  multiple  dwelling  in  which  water-closets  are 
to  be  located  to  be  of  brick.  On  the  other  hand, 
there  are  limits  which  should  be  strictly  observed. 
It  will  not  do  to  permit  the  indefinite  extension  of 
wooden  multiple  dwellings  or  any  material  increase 
in  the  number  of  families  living  in  such  dangerous 
buildings.  It  is  therefore  wise  to  prohibit  their  al- 
teration so  that  they  will  not  be  occupied  by  more 
than  one  family  on  a  floor.  This  does  not  mean  that 
the  existing  wooden  multiple  dwelling  which  now 
houses  two  or  even  more  families  on  a  floor  cannot  be 
altered  at  all.  The  language  is  precise.  It  means 
that  the  house  shall  not  be  so  altered  as  to  provide 
accommodations  for  more  than  one  family  on  a  floor 
if  these  accommodations  are  not  there  at  the  time  the 
law  takes  effect.  The  objections  to  wooden  multiple 
dwellings  have  been  fully  set  forth  in  the  discussion 
under  section  62. 

170 


§  86  ALTERATIONS 

§86.  WOODEN  BUILDINGS  ON  SAME  LOT  WITH  A  MUL- 
TIPLE-DWELLING. No  wooden  building  of  any  kind  what- 
soever shall  hereafter  be  placed  or  built  upon  the  same  lot 
with  a  multiple-dwelling  within  the  fire  limits,  and  no 
existing  wooden  structure  or  other  building  on  the  same 
lot  with  a  multiple-dwelling  within  the  fire  limits  shall 
hereafter  be  enlarged,  extended  or  raised. 

NOTE:  This  section  is  intended  to  prohibit  the  j^xpiana_ 
erection  of  wooden  sheds  and  out-buildings  and  sim- 
ilar unsightly  and  dangerous  structures  on  the  same 
lot  with  multiple  dwellings  in  the  built-up  portions 
of  cities.  Such  structures  are  a  menace  in  case  of 
fire  and  are  also  objectionable  for  sanitary  reasons. 
They  are  subject  to  rapid  decay  and  become  harbor- 
ing places  for  dirt,  disease  germs  and  vermin. 


171 


A   MODEL   HOUSING    LAW  §§  go,  91 


ARTICLE  IV 
MAINTENANCE 

In  this  article  will  be  found  the  provisions  which  an 
owner  must  observe  with  regard  to  the  maintenance  of  a 
dwelling. 

§  90.  PUBLIC  HALLS,  LIGHTING  OF  IN  THE  DAYTIME.  In 
every  multiple-dwelling  where  the  public  halls  and  stairs 
are  not  in  the  opinion  of  the  health  officer  sufficiently 
lighted,  the  owner  of  such  house  shall  keep  a  proper  light 
burning  in  the  hallway  near  the  stairs  upon  such  floors  as 
may  be  necessary  from  sunrise  to  sunset. 

Explana-  NOTE:   This  provision  is  for  artificial  light  in  the 

daytime.  In  some  houses  where  the  halls  and  stairs 
do  not  have  windows  to  the  outer  air  or  are  lighted 
and  ventilated  by  courts  too  small  in  size  the  halls  are 
often  dark  in  the  daytime.  Owing  to  the  varying 
conditions  which  exist  in  the  different  types  of  old 
houses,  it  is  not  wise  to  attempt  to  prescribe  definitely 
in  the  law  the  exact  conditions  under  which  it  shall 
be  necessary  to  keep  artificial  light  burning.  This  is 
a  case  where  the  matter  must  be  left  to  the  intelligence 
and  common  sense  of  the  health  officer.  It  is  greatly 
to  the  interest  of  owners  to  comply  with  this  section; 
otherwise,  in  the  event  of  injuries  resulting  to  a  tenant 
through  falling  on  the  stairs,  the  landlord  would  be 
liable  for  damages. 

§  91.  PUBLIC  HALLS,  LIGHTING  AT  NIGHT.  In  every  mul- 
tiple-dwelling a  proper  light  shall  be  kept  burning  by  the 
owner  in  the  public  hallways  near  the  stairs  upon  each 
floor  every  night  from  sunset  to  sunrise  throughout  the 
year  if  so  required  by  the  health  officer. 

172 


§  92  MAINTENANCE 

NOTE:  This  is  a  provision  for  lighting  the  public  Explana- 
halls  and  stairs  at  night.  It  applies  only  to  multiple 
dwellings  and  is  important  from  the  point  of  view  of 
protection  against  fire  and  also  from  the  point  of  view 
of  morality.  Where  halls  are  dark,  especially  in 
tenement  houses,  tenants  and  visitors  are  apt  to 
strike  matches  to  find  their  way,  often  throwing  the 
match  on  the  floor  before  it  is  fully  extinguished. 
Many  fires  start  in  this  way.  Dark  halls  have  also 
been  found  to  encourage  immoral  practices.  It  has 
not  been  attempted  to  state  precisely  in  the  act  the 
conditions  under  which  the  light  shall  be  kept  burning. 
As  in  the  preceding  section,  it  is  left  to  the  intelligence 
and  common  sense  of  the  health  officer.  In  some 
multiple  dwellings  of  the  higher  class  it  is  unnecessary 
to  maintain  a  light  all  night.  In  others  it  is  essen- 
tial. 

§  92.  WATER-CLOSETS  IN  CELLARS.  No  water-closet 
shall  be  maintained  in  the  cellar1  of  any  dwelling  without 
a  permit  in  writing  from  the  health  officer,  who  shall  have 
power  to  make  rules  and  regulations  governing  the  main- 
tenance of  such  closets.  Under  no  circumstances  shall  the 
general  water-closet  accommodations  of  any  multiple- 
dwelling  be  permitted  in  the  cellar  or  basement  thereof; 
this  provision,  however,  shall  not  be  construed  so  as  to 
prohibit  a  general  toilet  room2  containing  several  water- 
closets,  provided  such  water-closets  are  supplementary 
to  those  required  by  law. 

NOTE  i :  No  city  should  permit  the  maintenance 
in  the  cellar  of  the  general  water-closet  accommoda- 
tions  of  a  multiple  dwelling.  From  a  sanitary  point  t 
of  view  nothing  could  be  worse.  The  objections  to 
the  cellar  water-closet  have  been  fully  set  forth  in  the 
discussion  under  section  45.  It  is  sometimes  neces- 
sary, however,  to  permit  individual  water-closets  in 
cellars.  There  may  be  stores  on  the  ground  floor  and 
no  space  for  the  water-closet  there.  There  may  be 
janitors'  apartments  in  the  cellars  and  there  must  be 
single  water-closets  there,  but  the  health  officer  should 
have  the  power  to  see  that  all  water-closets  are  main- 
tained under  proper  conditions. 


A    MODEL    HOUSING    LAW 


§93 


Explana- 
tion 


Variation 


NOTE  2:  The  necessity  for  excepting  a  general 
toilet  room  in  a  high-class  hotel  where  the  closets  in 
the  toilet  room  are  supplementary  to  those  required 
by  law  has  already  been  discussed  under  section  45. 

§93.  WATER-CLOSET  ACCOMMODATIONS.  In  every 
dwelling  existing  prior1  to  the  passage  of  this  act  there 
shall  be  provided  at  least  one  water-closet  for  every  TWO 
apartments,  groups  or  suites  of  rooms,  or  fraction  thereof.2 
Except  that  in  multiple-dwellings  of  Class  B3  there  shall 
be  provided  at  least  one  water-closet  for  every  FIFTEEN 
occupants  or  fraction  thereof. 

NOTE  i:  It  should  be  observed  that  this  section 
deals  with  the  sufficiency  of  water-closet  accommoda- 
tions in  dwellings  existing  prior  to  the  passage  of  the 
act.  So  far  as  new  dwellings  are  concerned  this  sub- 
ject is  taken  care  of  in  section  45.  The  ideal  require- 
ment would  be  to  have  in  all  multiple  dwellings,  both 
old  and  new,  especially  those  of  a  residential  character, 
one  water-closet  for  every  family.  This  is  requisite 
not  only  for  decency  but  for  health.  The  public 
water-closet  is  a  potent  source  of  spreading  venereal 
disease  and  where  responsibility  for  its  use  is  divided, 
experience  shows  that  it  is  nearly  always  kept  in  a 
neglected  and  unsanitary  condition.  It  would  be 
deemed  extreme  in  some  cases,  however,  to  impose 
this  requirement  on  owners  of  existing  houses.  One 
water-closet  for  every  two  families,  however,  is  only 
what  decency  requires.  Nothing  less  than  this  should 
be  tolerated.  The  family  or  the  apartment  in  the 
case  of  buildings  of  this  type  is  the  best  basis  of  meas- 
urement. One  water-closet  to  so  many  occupants  is 
difficult  of  enforcement,  as  the  number  of  occupants 
in  such  houses  is  a  variable  element.  The  number 
of  apartments  in  the  building,  which  is  practically 
the  number  of  families,  is  on  the  other  hand  a  con- 
stant factor.  If  it  is  found  practicable  to  raise  the 
standards  and  require  one  water-closet  for  every 
family,  the  following  variation  is  suggested: 

VARIATION  i:  Strike  out  the  words  "two  apartments, 
groups  or  suites"  and  insert  "apartment,  group  or  suite" 

174 


§  94  MAINTENANCE 

NOTE  2 :  It  should  be  observed  that  where  there  are  Explana- 
not  a  sufficient  number  of  water-closets  already  in 
existence  for  the  number  of  apartments  in  the  build- 
ing and  it  is  necessary  to  provide  new  water-closets, 
the  new  water-closets  will  have  to  conform  to  the  re- 
quirements of  sections  35,  45,  and  47  as  provided  in 
section  78. 

NOTE  3:  In  the  case  of  multiple  dwellings  where 
the  occupancy  is  of  a  transient  nature,  such  as  hotels, 
boarding  houses,  lodging  houses,  and  so  forth,  namely, 
those  of  Class  B,  it  is  not  practicable  to  require  one 
water-closet  for  each  group  of  rooms,  as  the  rooms  are 
apt  to  be  let  singly.  The  only  standard  that  can  be 
fixed  here  is  on  the  basis  of  the  number  of  occupants. 
This  is  not  a  satisfactory  standard  but  will  on  the 
whole  give  reasonably  satisfactory  results.  One  closet 
for  every  15  persons  is  the  minimum.  A  similar  re- 
quirement will  be  found  in  most  of  the  labor  laws  of 
the  country  in  the  regulations  for  factories  where 
many  people  are  employed. 

§  94.  BASEMENT  AND  CELLAR  ROOMS.  No  room  in  the 
cellar1  of  any  dwelling2  erected  prior  to  the  passage  of 
this  act  shall  be  occupied  for  living  purposes.  And  no 
room  in  the  basement  of  any  such  dwelling  shall  be  so 
occupied  without  a  written  permit3  from  the  health 
officer,  which  permit  shall  be  kept  readily  accessible  in 
the^main  living  room  of  the  apartment  containing  such 
room.  No  such  room  shall  hereafter  be  occupied  unless 
all  the  following  conditions  are  complied  with: 

(1)  Such  room  shall  be  at  least  SEVEN  feet  high  in 
every  part  from  the  floor  to  the  ceiling. 

(2)  The  ceiling  of  such  room  shall  be  in  every  part  at 
least  THREE  FEET  SIX   INCHES  above  the  surface 
of  the  street  or  ground  outside  of  or  adjoining  the  same. 

(3)  There  shall  be  appurtenant  to  such  room  the  use  of 
a  water-closet. 

(4)  At  least  one  of  the  rooms  of  the  apartment  of  which 
such  room  is  an  integral  part  shall  have  a  window  opening 
directly  to  the  street  or  yard,  of  at  least  TWELVE  square 

175 


A    MODEL    HOUSING    LAW 


§94 


Explana- 
tion 


Concession 


Explana- 
tion 


feet  in  size  clear  of  the  sash  frame,  and  which  shall  open 
readily  for  purposes  of  ventilation. 

(5)  The  lowest  floor  shall  be  water-proof  and  damp- 
proof. 

(6)  Such  room  shall  have  sufficient  light  and  ventilation, 
shall  be  well  drained  and  dry,  and  shall  be  fit  for  human 
habitation.4 

NOTE  i :  There  is  no  city  in  America  except  New 
York  which  needs  to  countenance  the  occupancy  of 
cellar  rooms  for  living  purposes.  Most  cellar  rooms 
are  unfit  to  be  used  as  living  places  by  human  beings; 
nor  is  there  in  many  cities  such  lack  of  living  accom- 
modations, or  pressure  of  population  or  inability 
to  spread  out  as  to  make  necessary  going  underground 
for  homes.  Notwithstanding  these  facts  it  is  sur- 
prising to  find  the  extent  to  which  cellar  rooms  are 
occupied  for  living  purposes  in  many  of  our  cities.  It 
is  because  no  effort  has  been  made  to  prevent  this 
evil.  Such  rooms  are  generally  low  priced  and  there 
are  always  plenty  of  people  who  will  live  under  any 
conditions,  no  matter  how  bad,  if  they  are  permitted 
to.  This  evil  should  be  dealt  with  with  a  stern  hand. 
If,  however,  it  is  felt  necessary  to  make  concessions 
in  this  respect  and  to  permit  the  occupancy  of  rooms 
in  cellars,  the  following  concession  might  be  con- 
sidered. (There  are  a  few  cellars  under  exceptional 
conditions  which  can  be  safely  occupied.) 

CONCESSION  i :  After  the  fifth  word  "cellar"  insert  the 
following:  "or  basement"  and  strike  out  the  period  after 
"purposes"  and  also  the  following  words:  "And  no  room 
in  the  basement  of  any  dwelling  shall  be  so  occupied" 

NOTE  2:  It  should  be  noted  that  this  section  re- 
lates solely  to  rooms  in  cellars  and  basements  already 
in  existence  at  the  time  the  act  takes  effect.  The 
conditions  which  govern  the  occupancy  of  cellar  and 
basement  rooms  in  new  dwellings  will  be  found  in 
sections  40  and  41  and  in  those  other  provisions  of 
Article  1 1  which  deal  with  the  size  and  ventilation  of 
rooms,  and  so  forth. 

NOTE  3:    In  order  to  prevent  the  continuance  of 

176 


§§95>96  MAINTENANCE 

improper  conditions  it  is  essential  that  the  health 
officer  should  have  complete  control  over  the  occu- 
pancy of  basement  and  cellar  rooms  at  all  times.  This 
can  best  be  secured  by  requiring  a  written  permit 
from  the  health  officer  stating  that  such  rooms  can  be 
occupied.  It  is  also  desirable  to  require  that  a  copy 
of  the  permit  shall  be  kept  in  one  of  the  rooms  of  the 
apartment  so  that  it  can  be  seen  by  anyone  inspecting 
the  rooms  as  occasion  may  require. 

NOTE  4:  The  essential  conditions  which  make  a 
basement  room  fit  for  occupancy  are  that  the  rooms 
shall  be  sufficiently  high,  shall  be  reasonably  above 
ground,  shall  have  proper  light  and  ventilation  and 
be  free  from  dampness.  Certain  definite  standards 
are  therefore  established  in  this  section.  It  is  rec- 
ognized, however,  that  these  standards  may  be  ob- 
served and  yet,  owing  to  some  reason  unforeseen,  the 
rooms  may  not  be  fit  for  human  occupancy.  The 
health  'officer  should  under  such  circumstances  be 
free  to  refuse  a  permit,  to  forbid  their  occupancy. 
The  "drag-net"  clause  requiring  that  the  rooms  shall 
have  sufficient  light  and  ventilation,  shall  be  well 
drained  and  dry,  and  shall  be  fit  for  human  habita- 
tion is  therefore  added.  Under  the  terms  of  this 
latter  provision  if  any  basement  rooms  are  occupied 
which  are  not  fit  for  occupancy,  the  fault  will  rest  with 
the  health  officer  who  can  be  quickly  called  to  ac- 
count. 

§95.  CELLAR  WALLS  AND  CEILINGS.  The  cellar  walls 
and  cellar  ceilings  of  every  dwelling  shall  be  thoroughly 
whitewashed  or  painted  a  light  color  and  shall  be  so 
maintained.  Such  whitewash  or  paint  shall  be  renewed 
whenever  necessary,  as  may  be  .required  by  the  health 
officer. 

NOTE:    This  is  a  sanitary  measure.     A  coat  of  ^xp|ana_ 
whitewash  on  cellar  walls  and  ceilings  will  do  wonders 
as  a  germ  destroyer.     It  will  also  lighten  up  dark  cel- 
lars and  thus  prevent  dirt  and  rubbish  from  accumu- 
lating.    The  cost  of  a  coat  of  whitewash  is  negligible. 

§  96.  WATER-CLOSETS  AND  SINKS.  In  all  dwellings  the 
floor  or  other  surface  beneath  and  around  water-closets 

12  ,77 


Explana- 


A    MODEL    HOUSING    LAW  §97 

and  sinks  shall  be  maintained  in  good  order  and  repair 
and  if  of  wood  shall  be  kept  well  painted  with  light  colored 
paint. 

NOTE:  The  purpose  of  this  requirement,  especially 
tne  painting  of  the  woodwork  underneath  water- 
closets  and  sinks,  is  to  insure  the  keeping  of  these 
places  in  a  sanitary  condition.  As  they  are  frequently 
in  the  dark,  where  accumulations  of  dirt  and  filth  do 
not  show,  the  painting  of  the  floor  surface  underneath 
them  with  white  paint  will  at  once  show  up  such 
accumulations,  thus  leading  to  their  removal.  Objec- 
tion may  be  raised  to  this  provision  in  its  application 
to  high-class  private  dwellings,  where  the  owners  of 
such  houses  have  a  good  hardwood  floor  in  their 
bathrooms  and  object  to  having  a  square  of  white 
paint  under  the  water-closet  fixture.  Where  such 
objection  is  raised  and  is  raised  seriously  the  following 
concession  is  suggested: 

Concession  CONCESSION  i:  Before  the  third  word  "dwellings," 
insert  the  words  "two-family/'  and  after  the  same  word 
insert  the  words  "and  multiple-dwellings" 

§  97.  REPAIRS.  Every  dwelling  and  all  the  parts  thereof 
shall  be  kept  in  good  repair,  and  the  roof  shall  be  kept 
so  as  not  to  leak,  and  all  rain  water  shall  be  so  drained  and 
conveyed  therefrom  as  not  to  cause  dampness  in  the  walls 
or  ceilings. 


Explana- 
tion 


NOTE:  In  some  cities  the  requirement  is  made  that 
not  only  rain  water  shall  not  cause  dampness  in  the 
walls  or  ceilings  but  that  it  shall  be  conveyed  from 
the  premises  so  as  to  prevent  the  water  from  dripping 
on  the  ground.  This  means  that  a  system  of  rain 
leaders  and  gutters  must  be  provided  on  the  outside 
of  the  building  and  these  in  turn  either  connected 
with  the  sewer  or  the  plumbing  system  of  the  build- 
ing, where  there  is  one,  or  conducted  to  the  street  by 
means  of  a  gutter  under  the  surface  of  the  yard  or 
court.  This  is  a  perfectly  proper  provision  but  in  the 
smaller  communities  where  the  customary  method  is 
to  permit  the  water  to  drip  on  the  ground,  objection 
is  made  to  it  out  of  all  proportion  to  the  benefits  to 


§  gS  MAINTENANCE 

be  obtained.  Where  it  is  possible  to  require  that  the 
water  shall  not  drip  on  the  ground  it  is  highly  de- 
sirable and  the  following  variation  is  therefore  sug- 
gested. After  the  words  "and  conveyed  therefrom 
as  "  strike  out  the  rest  of  the  section  and  insert  the 
following: 

VARIATION  i :  "to  prevent  its  dripping  on  to  the  ground  Variation 
or  causing  dampness  in  the  walls,  ceilings,  yards  or  areas/' 

§98.  WATER  SUPPLY.1  Every  dwelling  shall  have  within 
the  dwelling  at  least  one  proper  sink  with  running  water 
furnished  in  sufficient  quantity  at  one  or  more  places 
exclusive  of  the  cellar.2  In  two-family-dwellings  and 
multiple-dwellings  of  Class  A  there  shall  be  at  least  one 
such  sink  on  every  floor,  accessible  to  each  family  on  the 
floor  occupied  by  said  family  without  passing  through  any 
other  apartment.3  The  owner  shall  provide  proper  and 
suitable  tanks,  pumps  or  other  appliances4  to  receive  and 
to  distribute  an  adequate  and  sufficient  supply  of  such 
water  at  each  floor  in  the  said  dwelling  at  all  times  of  the 
year,  during  all  hours  of  the  day  and  night.  But  a  failure 
in  the  general  supply  of  city  water  shall  not  be  construed 
to  be  a  failure  on  the  part  of  such  owner,  provided  proper 
and  suitable  appliances  to  receive  and  distribute  such 
water  have  been  provided  in  said  dwelling. 

NOTE  i :  A  plentiful  supply  of  pure  water  is  prob- 
ably  the  greatest  essential  of  modern  civilization, 
far  more  important  than  protection  against  fire  or  tlon 
the  elements.  Without  an  adequate  supply  of  water 
we  cannot  expect  to  have  good  citizens.  Cleanliness 
is  in  this  instance  above  godliness  or  rather  part  of 
it.  Most  of  the  unsanitary  and  disgraceful  condi- 
tions which  are  found  in  the  slums  of  our  cities  are 
due  to  the  lack  of  a  proper  water  supply  within  the 
dwelling  convenient  of  access  to  all  the  tenants. 
Where  all  the  water  that  must  be  used  can  be  had 
only  from  a  hydrant  in  the  yard  or  from  some  neigh- 
boring yard  and  has  to  be  carried  up  three  or  four 
•flights  of  stairs,  cleanliness  is  at  a  premium;  not 
only  cleanliness  of  the  person  but  cleanliness  of  the 
179 


A    MODEL    HOUSING    LAW 

dwelling.  The  unregenerate  slum  landlord  will 
strenuously  object  to  furnishing  water  inside  the 
house  but  we  are  on  safe  ground  in  insisting  on  no 
abatement  in  this  provision.  It  was  a  similar  pro- 
vision enacted  in  New  York  City  in  1887  that  was 
tested  and  went  to  the  Court  of  Appeals,  which  re- 
sulted in  the  decision  known  as  the  case  of  Health 
Department  vs.  Rector,  145  N.  Y.,  where  the  re- 
quirement to  furnish  water  inside  the  building  in  all 
existing  tenement  houses  was  not  only  sustained  but 
a  decision  was  rendered  by  that  court  which  greatly 
strengthened  the  authority  of  the  police  power 
generally  throughout  the  country. 

NOTE  2:  Sanitary  conditions  will  not  result  if  the 
only  source  of  water  supply  is  a  sink  in  the  cellar. 
Such  sinks  are  bound  to  be  located  in  the  dark  and 
be  subject  to  abuse.  They  are  also  too  convenient 
of  access  to  passersby  and  neighbors  and  for  this 
reason  are  likely  to  be  abused.  It  is  also  imposing 
on  the  tenants  on  the  top  floor  too  great  a  burden  to 
have  to  carry  water  from  the  cellar  to  the  top  story. 

NOTE  3:  It  should  be  noted  that  this  provision 
does  not  go  to  the  extent  of  requiring  a  separate  sink 
in  each  apartment,  though  this  is  highly  desirable. 
In  new  dwellings  (section  44)  this  is  required,  but  it 
might  be  considered  a  hardship  to  impose  a  similar 
requirement  in  the  case  of  the  older  buildings.  What 
is  required,  however,  is  that  there  shall  be  at  least 
one  sink  with  a  proper  supply  of  running  water  inside 
of  each  dwelling,  and  that  in  the  case  of  tenement 
houses,  flats  and  apartments,  and  similar  buildings 
there  shall  be  such  a  sink  inside  of  each  apartment 
or  in  the  public  hall  accessible  to  all  the  families  on 
that  floor. 

NOTE  4:  The  requirement  that  the  owner  shall 
provide  proper  and  suitable  tanks  and  other  appli- 
ances means  that  he  shall  provide  faucets  at  the  sinks, 
and  that  when  the  city  water  pressure  is  not  adequate 
to  supply  water  to  the  top  floors  he  must  install  a 
system  of  tanks,  or  pumps,  or  some  other  mechanism 
that  will  insure  an  adequate  supply  for  such  floors 
at  all  times.  This  is  essential  not  only  for  reasons 
of  cleanliness  and  morality  but  especially  important 
in  case  of  fire. 

NOTE  5:    This  section  is  of  course  subject  to  the 

1 80 


§§  99>    IO°  MAINTENANCE 

limitations  of  there  being  a  communal  water  supply 
in  the  town  and  must  be  read  in  connection  with 
section  7. 

§  99.  CISTERNS  AND  WELLS.  Where  there  is  no  city 
water-supply  reasonably  accessible,  there  shall  be  provided 
one  or  more  adequate  cisterns  or  wells  with  a  pump  or 
other  attachment  for  drawing  water,  but  with  no  opening 
for  drawing  water  with  pails  or  buckets.  Such  cisterns 
or  wells  shall  be  furnished  of  such  size  and  number  and 
constructed  and  maintained  in  such  manner  as  may  be 
determined  by  the  health  officer. 

NOTE  :  This  is  necessary  in  undeveloped  communi- 
ties  of  a  suburban  or  rural  character  where  there  is 
no  communal  water  supply  and  where  it  is  necessary 
to  utilize  cisterns  or  wells.  It  has  not  been  thought 
wise  to  attempt  to  outline  in  the  law  the  detailed  re- 
quirements as  to  the  size  or  number  of  such  cisterns 
or  wells,  but  these  details  have  necessarily  been  left 
to  the  local  health  officer. 

§  100.  CATCH-BASINS.  In  the  case  of  dwellings  where, 
because  of  lack  of  city  water-supply  or  sewers,  sinks  with 
running  water  are  not  provided  inside  the  dwellings,  one 
or  more  catch-basins  for  the  disposal  of  waste  water,  as 
may  be  necessary  in  the  opinion  of  the  health  officer, 
shall  be  provided  in  the  yard  or  court,  level  with  the 
surface  thereof  and  at  a  point  easy  of  access  to  the  occu- 
pants of  such  dwelling. 

NOTE:  This  is  a  provision  similar  to  the  preceding 
one  and  applies  in  similar  communities  where  there 
is  no  city  water  or  no  sewer  system,  and  where  some 
system  of  disposing  of  waste  water,  and  so  forth, 
other  than  carrying  it  down  and  dumping  it  in  the 
yard  or  emptying  it  out  of  the  window  should  be  pro- 
vided. Catch-basins  are  a  necessary  temporary 
evil  and  should  not  be  tolerated  one  moment  beyond 
the  introduction  of  a  water  and  sewer  system.  The 
catch-basin  that  is  referred  to  here  is  a  small  iron 
basin  or  grating  sunk  in  the  ground  into  which  waste 
181 


A    MODEL    HOUSING    LAW  §  IOI 

water  can  be  emptied  and  can  drain  under  the  surface 
of  the  ground. 

§  101.  CLEANLINESS  OF  DWELLINGS.  Every  dwelling 
and  every  part  thereof  shall  be  kept  clean  and  shall  also 
be  kept3  free  from  any  accumulation  of  dirt,  filth,  rubbish, 
garbage  or  other  matter  in  or  on  the  same,  or  in  the  yards, 
courts,  passages,  areas  or  alleys  connected  with  or  be- 
longing to  the  same.  The  owner1  of  every  dwelling,  and 
in  the  case  of  a  private-dwelling  the  occupant  thereof, 
shall  thoroughly  cleanse  or  cause  to  be  cleansed  all  the 
rooms,  passages,  stairs,  floors,  windows,  doors,  walls, 
ceilings,  privies,  water-closets,  cesspools,  drains,  halls, 
cellars,  roofs  and  all  other  parts2  of  the  said  dwelling,  or 
part  of  the  dwelling  of  which  he  is  the  owner,  or  in  the 
case  of  a  private-dwelling  the  occupant,  to  the  satisfaction 
of  the  health  officer,  and  shall  keep  the  said  parts  of  the 
said  dwelling  in  a  cleanly  condition  at  all  times. 

Explana-  NOTE  i :  This  is  an  important  provision  and  places 

upon  the  owner  of  all  dwellings  other  than  private 
dwellings  the  responsibility  for  the  cleanliness  of  the 
building  and  premises.  In  the  case  of  a  private 
dwelling  it  is  obvious  that  it  is  more  reasonable  to 
hold  the  occupant  responsible.  This  provision,  how- 
ever, must  be  read  in  connection  with  section  145 
which  provides  that  if  an  occupant  of  a  dwelling  fails 
to  comply  with  the  provisions  of  the  act  he  may  be 
summarily  evicted,  in  which  event,  the  house  being 
vacant,  the  health  officer  would  look  to  the  owner 
to  clean  up  the  unsanitary  conditions  before  a  new 
tenant  is  taken. 

NOTE  2:  It  should  be  noted  that  in  this  section 
there  is  a  detailed  enumeration  of  all  the  various 
parts  of  the  dwelling  which  are  to  be  kept  clean. 
While  such  enumerations  are  generally  dangerous, 
this  is  safeguarded  by  adding  the  general  "drag-net" 
provision  at  the  end  embracing  every  other  part 
which  may  have  been  forgotten.  There  is  a  distinct 
advantage  in  this  case  in  this  detailed  enumeration 
as  it  tends  to  indicate  to  the  courts  and  to  the  en- 
forcing officials  the  clear  intent  of  the  legislature,  in 
182 


IO2,    IO3  MAINTENANCE 

case  there  might  be  doubt  in  the  minds  of  these 
officials  as  to  the  responsibility  for  the  cleanliness  of 
those  parts  of  the  building  over  which  the  owner 
might  not  seem  to  have  control;  namely,  the  apart- 
ments occupied  by  tenants. 

NOTE  3:  It  would  appear  at  first  glance  that  the 
repetition  of  the  words  "and  shall  be  kept"  in  the 
second  line  is  unnecessary  verbiage.  This  is  not  the 
case,  and  the  insertion  of  these  four  words  gives  a 
totally  different  meaning  to  the  provision  than  would 
be  had  if  they  were  omitted.  If  omitted  the  section 
might  be  interpreted  to  mean  that  the  dwelling  shall 
be  kept  clean  and  free  from  any  accumulation  of  dirt, 
filth,  and  so  forth.  This  the  court  might  hold  to 
mean  that  accumulations  should  not  be  allowed. 
This  is  a  very  different  thing  from  what  is  intended 
and  what  is  said;  namely,  that  all  the  parts  of  the 
building  shall  be  kept  clean  and  that  in  addition  they 
are  also  to  be  kept  free  from  accumulations  of  various 
kinds. 


§  102.  WALLS  OF  COURTS.  In  multiple-dwellings  the 
walls  of  all  courts,  unless  built  of  a  light  color  brick  or 
stone,  shall  be  thoroughly  whitewashed  by  the  owner  or 
shall  be  painted  a  light  color  by  him,  and  shall  be  so  main- 
tained. Such  whitewash  or  paint  shall  be  renewed  when- 
ever necessary,  as  may  be  required  by  the  health  officer. 

NOTE:  This  requirement  is  for  the  purpose  of  im- 
proving  the  conditions  of  light  in  courts;  it  is  also 
as  a  sanitary  measure,  a  coat  of  whitewash  being  a 
most  effective  agent  in  doing  away  with  dirt  and 
germs. 

§103.  WALLS  AND  CEILINGS  OF  ROOMS.  I  nail  multiple- 
dwellings  the  health  officer  may  require  the  walls  and 
ceilings  of  every  room  that  does  not  open  directly  on  the 
street  to  be  kalsomined  white  or  painted  with  white  paint 
when  necessary  to  improve  the  lighting  of  such  room  and 
may  require  this  to  be  renewed  as  often  as  may  be  neces- 
sary. 

,83 


A    MODEL    HOUSING    LAW  §  104 

Explana-  NOTE:    This  is  an  important  provision  and  is  for 

the  purpose  of  improving  the  lighting  of  rooms  that 
are  too  dark,  especially  those  in  the  older  buildings. 
A  coat  of  white  paint  on  walls  and  ceilings  will  do 
wonders  in  lighting  up  a  dark  room.  There  are  many 
basement  rooms  for  which  permits  for  human  oc- 
cupancy are  denied  because  the  rooms  are  too  dark, 
the  walls  being  painted  the  usual  "tenement-house 
green/'  for  which  permits  are  ultimately  granted 
when  the  walls  are  painted  white;  white  paint  does 
not  absorb  light  as  dark  paint  does  and  also  radiates 
it  more  readily. 

§  104.  WALLPAPER.1  No  wall  paper  shall  be  placed  upon 
a  wall  or  ceiling  of  any  dwelling2  unless  all  wall  paper 
shall  be  first  removed  therefrom  and  said  wall  and  ceiling 
thoroughly  cleaned. 

NOTE  i :  This  section  does  not  prohibit  the  use  of 
wall  paper.  From  a  sanitary  point  of  view  it  would 
be  desirable  to  make  such  a  prohibition  in  the  case 
of  the  homes  of  the  poor,  but  this  is  not  possible  as 
tenants  in  high-class  flats  and  apartments  as  well  as 
in  tenements  desire  to  decorate  their  homes  in  this 
way.  The  section,  however,  does  prohibit  putting 
on  any  new  wall  paper  over  existing  wall  paper. 
While  this  adds  materially  to  the  cost  of  decoration 
of  rooms,  the  effect  of  the  enforcement  of  such  a 
provision  is  to  encourage  the  painting  of  walls — a 
much  more  sanitary  method — and  to  discourage  the 
use  of  wall  paper.  Wall  paper  is  objectionable  from 
two  points  of  view;  first,  because  disease  germs 
which  may  have  been  deposited  there  under  previous 
tenancy  are  thus  given  a  long  lease  of  life  and  may 
affect  the  health  of  new  tenants.  This  is  especially 
so  in  the  case  of  tuberculosis.  Wall  paper  is  further 
objectionable  in  the  homes  of  the  poor  for  the  reason 
that  it  encourages  vermin,  as  the  sweet  paste  is 
especially  agreeable  to  this  form  of  insect  life.  In 
some  cities  as  many  as  13  layers  of  wall  paper  have 
been  taken  from  one  wall,  and  this  not  in  a  cheap 
tenement  but  in  a  high-class  apartment  house. 

NOTE  2:  Considerable  opposition  may  develop  to 
this  requirement  as  involving  unnecessary  expense 
184 


§  IO5  MAINTENANCE 

on  the  owner,  and  especially  upon  working  people 
who  own  their  homes  and  live  in  single-family  dwell- 
ings. If  it  develops  that  this  opposition  is  very 
strong,  it  would  be  wise  to  make  a  concession  and  to 
exclude  private  dwellings  from  the  application  of 
the  section.  In  such  event  the  following  concession 
is  suggested: 

CONCESSION  i:  Change  the  word  "dwelling"  to  "multi-  Concession 
pie-dwelling" 

§  105.  RECEPTACLES  FORASHES,  GARBAGE  AND  RUBBISH. x 
The  owner  of  every  dwelling,  and  in  the  case  of  a  private- 
dwelling  the  occupant,  shall  provide  and  maintain  for  said 
dwelling  proper  and  suitable  tight2  metal  cans,  with 
covers,  for  holding  ashes,  rubbish,  garbage,  refuse  and 
other  matter.  Chutes3  and  bins4  for  such  purposes  are 
prohibited. 

NOTE  i :  No  provision  is  more  important  than  this  Explana- 
if  conditions  of  cleanliness  are  to  be  maintained  in 
and  around  the  dwellings  of  the  poor.  Where  proper 
receptacles  are  not  provided  in  which  to  put  waste 
material  so  that  this  may  be  promptly  removed  by 
the  city  authorities,  the  result  is  that  it  is  piled  up  in 
unsightly  and  disgusting  heaps  in  the  back  yard,  or 
in  the  cellar,  or  alley,  or  some  part  of  the  out-premises. 
In  the  case  of  everything  but  a  private  dwelling  it 
is  obvious  that  the  responsibility  should  be  placed 
upon  the  owner  for  the  furnishing  of  these  cans.  In 
a  private  dwelling,  however,  the  occupant  has  com- 
plete control  over  the  dwelling  and  should  provide 
them.  Objection  may  be  raised  in  some  cities  to  this 
simple  and  elementary  provision,  claim  being  made 
that  the  metal  cans  which  have  been  provided  have 
been  stolen  by  the  tenants  and  sold  for  junk.  The 
cases  where  this  has  happened  are  rare  and  the  plea 
is  not  worthy  of  consideration.  The  answer  to  such 
a  plea  is  that  the  landlord  should  get  a  different  class 
of  tenants. 

NOTE  2:  It  is  highly  desirable  that  tight  metal 
cans  should  be  required.  Wooden  tubs,  boxes,  or 
barrels  such  as  are  frequently  provided  are  un- 
sanitary and  are  sure  to  result  in  the  garbage  and 

.85 


A    MODEL    HOUSING    LAW  §  106 

other  refuse  being  distributed  over  the  ground  and 
premises.  It  is  also  of  great  importance  that  these 
cans  shall  be  kept  covered.  The  best  type  of  can  is 
one  with  a  cover  attached;  that  is,  a  hinged  cover. 
This  is  not  the  usual  type.  Unless  cans  are  kept 
covered  cats  and  rats  will  feed  upon  their  contents 
and  distribute  it  over  the  premises.  Flies  also  will 
swarm  around  it,  thus  increasing  the  fly  nuisance  and 
adding  to  the  danger  of  transmission  of  disease. 

NOTE  3:  Garbage  chutes  are  abominations.  In- 
tended originally  as  a  convenience  they  have  proved 
in  practice  to  be  nuisances  because  the  garbage 
collects  along  the  sides  of  the  chute  and  gives  rise  to 
noxious  odors. 

NOTE  4:  Garbage  bins  for  the  storage  of  garbage 
and  other  refuse  material  are  equally  objectionable, 
although  it  is  the  custom  to  have  such  bins  in  a  num- 
ber of  cities.  The  idea  of  hoarding  garbage  and  other 
refuse  is  repugnant  to  proper  standards  of  sanitation. 
These  waste  products  should  be  immediately  removed 
from  the  premises  and  properly  disposed  of  by  the  city 
authorities;  it  is  certainly  not  desirable  to  keep  such 
refuse  in  close  proximity  to  the  living  quarters  of 
the  people. 

§  1 06.  PROHIBITED  UsES.1  No  horse,  cow,  calf,  swine, 
sheep,  goat,  chickens,  geese  or  ducks  shall  be  kept  in  any 
dwelling  or  part  thereof.  Nor  shall  any  such  animal  be 
kept  on  the  same  lot  or  premises2  with  a  dwelling  except 
under  such  conditions  as  may  be  prescribed  by  the  health 
officer.  No  such  animal,  except  a  horse,  shall  under  any 
circumstances  be  kept  on  the  same  lot  or  premises  with 
a  multiple-dwelling.3  No  dwelling  or  the  lot  or  premises 
thereof  shall  be  used  for  the  storage  or  handling  of  rags4  or 
junk. 

p     ,  NOTE  i :    It  will  not  do  to  prohibit  the  keeping  of 

all  animals  in  a  dwelling.  People  naturally  desire 
to  keep  cats,  dogs,  and  birds;  but  the  undesirability 
of  housing  in  the  same  building  in  which  human  beings 
reside  any  of  the  animals  enumerated  in  this  section 
is  at  once  obvious  and  needs  no  supporting  argument. 
All  of  the  animals  above  mentioned  have  been  found 
1 86 


IO6  MAINTENANCE 

in  the  houses  of  the  poor  in  different  cities  at  various 
times. 

NOTE  2:  When  it  comes  to  the  keeping  of  these 
animals  on  the  same  premises  with  dwellings  the 
question  is  different.  In  many  of  our  cities,  es- 
pecially in  the  outlying  sections,  it  will  be  very  much 
desired  to  keep  not  only  a  horse  but  also  cows  and 
chickens  and  similar  animals.  So  long  as  the  con- 
ditions under  which  these  animals  are  kept  may  be 
regulated  by  the  health  officer  there  is  little  likelihood 
of  danger  resulting. 

NOTE  3 :  Animals  should  not  however  be  kept  on 
the  same  lot  with  a  multiple  dwelling.  Such  build- 
ings are  not  a  necessity  in  the  undeveloped  or  rural 
portions  of  the  community  and  therefore  no  hardship 
will  result.  Where  multiple  dwellings  are  built  it 
means  that  many  families  or  individuals  will  reside 
on  a  given  piece  of  land.  It  is  distinctly  unwise  and 
injurious  to  permit  the  keeping  of  animals  in  close 
proximity  to  many  people. 

NOTE  4:  The  prohibition  against  rag  shops  and 
junk  shops  and  the  storage  of  such  material  either 
in  dwellings  or  on  the  premises  needs  no  argument. 
Such  places  are  a  potent  source  of  contagious  disease 
and  a  fire  menace,  and  should  be  strictly  limited  to 
business  quarters  and  even  there  kept  under  close 
observation  and  control  at  all  times. 

NOTE  5:  The  evil  of  tenement  house  prostitution 
is  not  so  general  throughout  the  country  that  it  has 
seemed  necessary  or  desirable  to  include  in  this  section 
a  prohibition  against  the  use  of  any  part  of  a  multiple 
dwelling  for  such  purposes.  In  New  York  and  some 
of  our  eastern  cities  which  are  distinctly  tenement 
house  cities  this  evil  some  years  ago  assumed  such 
proportions  that  it  became  necessary  to  impose  much 
stricter  penalties  for  the  committing  of  prostitution 
in  buildings  in  which  the  respectable  poor  people 
dwell  than  attach  to  this  offense  in  ordinary  "nouses 
of  prostitution/'  While  the  evil  is  not  widespread, 
it  may  develop  at  any  time  in  any  city  and  it  can  do 
no  harm  to  embody  in  this  law  a  provision  dealing 
with  this  subject.  If  this  is  desired,  the  following 
variation  is  suggested.  Add  at  the  end  of  the  section 
the  following: 


,87 


A    MODEL    HOUSING    LAW 


§  107 


Variation 


Explana- 
tion 


VARIATION  i:  "No  multiple-dwelling  or  the  lot  or 
premises  thereof  shall  be  used  for  purposes  of  prostitution 
or  assignation/' 

§  107.  COMBUSTIBLE  MATERIALS.1  No  dwelling,  nor 
any  part  thereof,  nor  of  the  lot  upon  which  it  is  situated, 
shall  be  used  as  a  place  of  storage,  keeping  or  handling 
of  any  article  dangerous  or  detrimental  to  life  or  health; 
nor  of  any  combustible  article,  except  under  such  con- 
ditions as  may  be  prescribed  by  the  fire  commissioner2 
under  authority  of  a  written  permit  issued  by  him.  No 
multiple-dwelling3  nor  any  part  thereof,  nor  of  the  lot 
upon  which  it  is  situated,  shall  be  used  as  a  place  of  storage, 
keeping  or  handling  of  feed,  hay,  straw,  excelsior,  cotton, 
paper  stock,  feathers  or  rags. 

NOTE  i :  It  will  not  do  to  prohibit  outright  the 
keeping  of  combustible  articles,  as  this  would  prevent 
the  reasonable  storage  of  gasolene  in  a  private  garage 
at  the  rear  of  the  lot  behind  a  private  dwelling.  It 
would  also  prevent  the  sale  of  kerosene  oil  in  a  grocery 
store  which  might  be  located  on  the  ground  floor  of 
an  apartment  house,  or  of  benzine  or  alcohol  in  a  drug 
store  similarly  located.  It  is  essential,  however,  that 
the  fire  commissioner  should  have  authority  to  regu- 
late and  control  the  conditions  under  which  such 
articles  may  be  kept  or  stored. 

NOTE  2 :  The  fire  commissioner  is  the  public  official 
who  will  generally  have  jurisdiction  over  these  matters. 
Where  some  other  official  has  jurisdiction  he  should 
be  substituted.  In  some  cities  the  commissioner  of 
public  safety  would  be  the  appropriate  person,  in 
others  the  fire  marshal. 

NOTE  y.  It  should  be  noted  that  a  clear  distinction 
has  been  made  between  conditions  which  may  be 
permitted  in  private  dwellings  and  two-family 
dwellings  and  those  which  are  allowed  in  multiple 
dwellings.  In  the  latter  case  an  absolute  prohibition 
is  made  against  the  storage,  keeping,  or  handling  of 
certain  articles  dangerous  from  the  point  of  view  of 
fire.  In  addition  to  this  absolute  prohibition,  all 
multiple  dwellings  are  also  subject  to  the  provisions 
of  the  first  part  of  this  section,  which  apply  to  all 
classes  of  dwellings,  and  are  general  in  their  nature. 
1 88 


§§   108,    109  MAINTENANCE 

§  1 08.  CERTAIN  DANGEROUS  BUSINESSES.  There  shall 
be  no  transom,  window  or  door  opening  into  a  public  hall 1 
from  any  portion  of  a  multiple-dwelling  where  paint,  oil, 
drugs2  or  spirituous  liquors  are  stored  or  kept  for  the 
purpose  of  sale  or  otherwise. 

NOTE  i :  As  the  public  halls  and  stairs  in  multiple  Expiana_ 
dwellings  are  the  danger  point  in  case  of  fire,  it  is  tion 
desirable  to  have  no  connection  between  them  and 
stores  in  which  such  inflammable  and  explosive 
materials  as  paint,  oil,  drugs,  or  liquors  are  stored. 
The  effect  of  this  provision  is  to  close  the  side  door 
of  the  saloon  where  such  side  door  leads  into  the 
tenement  hallway.  From  a  social  point  of  view  this 
is  a  distinct  advantage.  It  also  means  that  inside 
transoms  or  door  openings  must  be  filled  in  solid 
with  the  same  material  as  the  partition.  Locking 
the  door  or  nailing  the  transom  will  not  satisfy  the 
requirements. 

NOTE  2:  It  may  be  the  part  of  wisdom  to  exempt 
hotels  from  this  provision.  Otherwise  claim  may  be 
made  that  it  would  not  be  possible  to  have  a  bar  such 
as  is  usually  found  in  a  hotel,  nor  a  drug  store,  as 
communication  between  the  bar  and  public  rooms, 
and  frequently  the  hall,  is  usually  direct.  While 
this  claim  may  be  readily  met  by  a  slight  change  in 
the  plans, — it  is  possible  to  so  arrange  the  bar  that 
it  will  not  communicate  directly  with  the  public  halls 
and  stairs, — the  issue  is  not  worth  contending  about. 
It  is  simpler  to  exempt  hotels.  The  following  con- 
cession is  therefore  suggested.  Add  at  the  end  of  the 
section  the  following: 

CONCESSION    i:     "This   provision   shall   not   apply   to  Concession 
hotels/' 

§  109.  JANITOR  OR  HOUSEKEEPER.1  In  any  multiple- 
dwelling  in  which  the  owner  thereof  does  not  reside,2 
there  shall  be  a  janitor,  housekeeper  or  other  responsible 
person  who  shall  reside  in  said  house  and  have  charge  of 
the  same,  if  the  health  officer  shall  so  require.3 

NOTE  i :    This  is  one  of  the  important  provisions  Expiana_ 
of  the  act  from  a  sanitary  point  of  view.     In  tene- 

189 


A    MODEL    HOUSING    LAW  §  I  IO 

ments  where  there  are  many  families,  unsanitary 
conditions  are  bound  to  result  if  there  is  not  some  one 
living  on  the  premises  who  is  responsible  for  the 
maintenance  of  the  public  parts  of  the  building — the 
halls,  stairs,  water-closets,  and  the  out-premises. 
What  is  everybody's  business  is  nobody's  business, 
and  individual  tenants  will  feel  no  responsibility  for 
the  public  parts  of  the  building  nor  can  they  prop- 
erly be  held  responsible. 

NOTE  2:  It  should  be  noted  that  the  requirements 
of  this  section  will  be  fulfilled  if  some  one  of  the 
tenants  is  designated  by  the  owner  as  janitor  or 
housekeeper.  Exception  is  made  in  the  case  in  which 
the  owner  resides  in  the  house  because  in  that  case 
he  will  look  after  its  condition  far  better  than  any 
janitor. 

NOTE  3:  In  some  cities  an  attempt  is  made  to 
establish  in  the  law  a  definite  standard  by  the  number 
of  families  in  the  house  and  to  require  a  janitor  on 
the  premises  in  all  cases  where  there  are  that  many 
families  or  more.  It  is  thought  better,  owing  to  the 
varying  conditions  which  prevail  in  most  communi- 
ties, to  leave  this  to  the  discretion  of  the  health  officer, 
who  will  have  to  answer  to  the  public  if  unsanitary 
conditions  exist  and  he  has  not  required  a  resident 
janitor  on  the  premises. 

§  1 10.  OVERCROWDING.1  If  any  room  in  a  dwelling  is2 
overcrowded  the  health  officer  may  order  the  number  of 
persons  sleeping  or  living  in  said  room  to  be  so  reduced 
that  there  shall  be  not  less  than  SIX  HUNDRED  cubic 
feet3  of  air  to  each  adult  and  FOUR  HUNDRED  cubic 
feet  of  air  to  each  child  under  twelve  years  of  age 
occupying  such  room. 

-P     j  NOTE  i :  This  is  a  very  different  provision  from  the 

one  found  in  the  laws  of  many  American  cities  to  the 

effect  that  no  matter  what  the  conditions,  no  room 

shall  have  less  than  400  cubic  feet  of  air  space  for 

each  adult.     To  require  arbitrarily  that  no  room  shall 

contain  less  than  a  certain  amount  of  cubic  air  space 

for  each  occupant  is  to  bring  about  in  some  cases 

unreasonable    and    absurd    situations.*     It    is    very 

*  For  further  discussion,  see  Housing  Reform,  pp.  29,  30. 

190 


IIO  MAINTENANCE 

doubtful  whether  a  requirement  of  that  nature  if  con- 
tested could  be  sustained  as  a  reasonable  exercise 
of  the  police  power.  The  number  of  cubic  feet  of  air 
space  is  not  the  sole  standard  as  to  the  fitness  of  a 
room  for  human  occupancy.  In  fact  it  is  of  com- 
paratively minor  importance  in  comparison  with 
other  elements.  The  character  of  the  air,  the  fre- 
quency of  its  renewal,  the  opportunity  for  "through" 
ventilation,  the  reduction  of  high  temperature,  are 
the  important  things  in  room  ventilation.  The  ques- 
tion of  reducing  the  number  of  occupants  of  a  room  is 
a  matter  which  necessarily  must  be  left  to  be  de- 
termined by  the  health  officer  upon  the  conditions 
found  in  individual  rooms,  which  vary  greatly.  One 
room  may  be  small,  dark,  and  unventilated;  another 
large  and  with  good  light  and  ventilation.  A  "  room" 
has  not  as  yet  been  standardized.  The  scheme  of 
this  section,  therefore,  is  to  leave  entirely  to  the  health 
officer  the  power  to  reduce  the  number  of  occupants 
in  a  room  so  that  there  shall  not  be  more  than  a 
proper  number. 

NOTE  2:  It  should  be  observed  that  this  power  can 
only  be  exercised  if  the  room  is  actually  overcrowded. 
This  at  once  becomes  a  question  of  fact  and  enables 
the  owner  to  go  into  court  and  establish  whether  his 
room  is  overcrowded  or  not,  with  the  burden  of  proof 
upon  the  health  officer  to  show  that  the  room  is  over- 
crowded. This  is  as  it  should  be.  It  is  an  extreme 
power  and  should  not  be  exercised  unless  the  health 
officer  can  clearly  demonstrate  to  the  satisfaction  of 
fair-minded  people  that  the  conditions  are  such  as  to 
warrant  action. 

NOTE  3:  Numerous  opponents  of  housing  reform 
who  will  not  read  the  law  carefully  will  assume  that 
this  provision,  because  it  mentions  a  certain  number 
of  cubic  feet,  is  similar  to  the  provision  found  in  other 
laws  with  which  they  are  familiar,  and  will  oppose 
this  on  the  ground  that  this  is  a  more  stringent  regu- 
lation than  is  found  in  most  laws,  which  as  a  rule  call 
for  400  cubic  feet  of  air  space  for  each  adult  and  200 
for  each  child  under  twelve  years  of  age.  It  is  im- 
portant to  make  plain  to  such  persons  the  points  in 
which  this  provision  differs  from  the  requirements 
that  have  been  customary  in  previous  laws,  as  above 
set  forth. 

191 


A    MODEL    HOUSING    LAW  §   I  I  I 

§ni.  LODGERS  PROHIBITED.1  No  dwelling  nor  any  part 
thereof  shall  be  used  for  the  letting  of  lodgings  without  the 
consent  in  writing2  of  the  health  officer.  Except  in  mul- 
tiple-dwellings of  Class  B,3  no  person  not  a  member  of  the 
family  shall  be  taken  to  live4  within  any  apartment,  group 
or  suite  of  rooms  without  such  consent.  It  shall  be  the 
duty  of  the  owner5  in  the  case  of  multiple-dwellings,  and 
of  the  occupant  in  the  case  of  private-dwellings  and  two- 
family-dwellings,  to  see  that  the  provisions  of  this  section 
are  at  all  times  complied  with,  and  a  failure  to  so  comply 
on  the  part  of  any  tenant  after  due  and  proper  notice  from 
said  owner  or  from  the  health  officer  shall  be  deemed  suffi- 
cient cause  for  the  summary  eviction  of  such  tenant  and 
the  cancellation  of  his  lease. 


p,     j  NOTE   i :    Heretofore  in  America  no  satisfactory 

method  of  coping  with  one  of  the  most  serious  evils 
that  we  have,  namely,  the  lodger  evil,  has  as  yet  been 
adopted.  This  section  is  an  attempt  to  deal  with  this 
evil  in  an  adequate  way,  and  is  a  distinct  departure 
from  the  methods  heretofore  followed  in  this  country. 
Former  methods  have  placed  the  responsibility  solely 
upon  the  tenant.  It  has  been  largely  because  of  this 
that  such  efforts  at  legal  regulation  have  failed,  as  the 
courts  have  been  unwilling  to  hold  as  criminal  offenders 
the  poor  foreigners  among  whom  this  practice  chiefly 
prevails,  and  who  always  plead  poverty  and  ignorance 
when  brought  into  court.  It  is  significant  that  the 
only  two  instances  in  which  an  effort  is  made  to  hold 
the  tenant  responsible  for  violation  of  the  law,  namely, 
in  the  case  of  room  overcrowding  and  the  placing  of 
encumbrances  upon  fire-escape  balconies,  are  the  only 
provisions  of  our  tenement  laws  which  have  proved 
unenforceable  and  have  baffled  the  health  officers 
of  all  our  cities.  Whereas  the  other  sections  of  the 
law  where  the  owner  is  held  responsible,  have  always 
been  found  to  be  capable  of  proper  enforcement .  This 
section  deliberately  places  the  responsibility  upon  the 
owner  in  the  case  of  multiple-dwellings  for  the  pres- 
ence in  his  house  of  lodgers  and  boarders  in  the  in- 
dividual apartments  of  the  tenants.  It  will  be 
claimed  by  some  that  it  is  unreasonable  to  hold  the 
192 


I  MAINTENANCE 

owner  responsible  in  this  way  and  that  he  cannot 
know  of  the  presence  of  outsiders  in  the  families  to 
whom  he  has  rented  his  apartments.  This  is  plaus- 
ible but  not  sound.  Where  there  is  a  janitor  on  the 
premises,  and  there  should  be  one  in  the  case  of  all 
tenement  houses,  the  class  of  buildings  in  which  this 
evil  is  chiefly  found,  the  janitor  always  knows  whether 
the  tenants  are  taking  in  lodgers  or  boarders.  Just 
as  it  has  been  found  practicable  in  the  New  York  law 
to  hold  the  owner  responsible  for  the  moral  character 
of  his  tenants  and  make  him  liable  for  a  penalty  of 
$1,000  for  a  failure  to  evict  prostitutes,  so  it  is  equally 
practicable  to  make  him  responsible  for  room  over- 
crowding. A  full  discussion  of  this  subject  and  the 
methods  under  which  this  provision  would  work  will 
be  found  in  a  paper  on  Room  Overcrowding,  in  Hous- 
ing Problems  in  America.* 

NOTE  2:  The  plan  elaborated  here  calls  for  a  writ- 
ten permit  from  the  health  officer  wherever  it  is  de- 
sired to  take  lodgers  or  boarders.  Complete  pro- 
hibition is  not  possible,  as  there  are  circumstances 
where  this  is  necessary,  and  where  the  conditions  are 
such  that  no  harm  to  the  community  will  result.  An 
absolute  prohibition  against  taking  boarders  or  lodgers 
would,  moreover,  undoubtedly  be  unconstitutional. 
^  NOTE  3:  It  is  obvious  that  multiple  dwellings  of 
Class  B, — hotels,  boarding  houses,  lodging  houses, 
and  so  forth, — buildings  which  exist  solely  for  the 
purpose  of  taking  lodgers  and  boarders,  must  be  ex- 
empted from  the  provisions  of  this  section;  but  even 
these  buildings  will  have  to  get  a  permit  from  the 
health  officer.  This  should  not  be  deemed  a  hardship, 
as  lodging  houses  and  hotels  in  most  cities  are  now 
under  this  necessity.  It  is,  however,  an  extension  of 
police  power  to  require  similar  permits  from  boarding 
houses,  but  it  is  a  wise  extension. 

NOTE  4:  Persons  who  are  seeking  to  oppose  the 
law  may  raise  the  question  that  the  provisions  of  this 
section  will  prohibit  some  friend  from  visiting  them. 
This  is  a  fanciful  and  strained  construction.  No 
court  or  public  official  will  take  such  a  position  for  a 
moment.  What  the  section  does  is  to  prohibit  the 


*  Housing  Problems  in  America,  Vol.  II,  pp.  58-78.     New  York, 
National  Housing  Association  Publication,  1912. 

13  193 


A    MODEL    HOUSING    LAW  §  112 

taking  of  outsiders  to  live  in  the  family  as  a  business 
for  which  compensation  is  had. 

NOTE  5:  As  is  fully  explained  in  note  i,  the  re- 
sponsibility in  the  case  of  multiple  dwellings  is  placed 
upon  the  owner.  In  the  case  of  private  dwellings  and 
two-family  dwellings  it  is  obvious  that  the  responsi- 
bility must  necessarily  be  placed  upon  the  occupant. 

§112.  INFECTED  AND  UNINHABITABLE  DWELLINGS  TO 
BE  VACATED.1  Whenever  it  shall  be  certified2  by  an  in- 
spector or  officer  of  the  health  department  that  a  dwelling 
is  infected3  with  contagious  disease,  or  that  it  is  unfit  for 
human  habitation,  or  dangerous  to  life  or  health  by  reason 
of  want  of  repair,  or  of  defects  in  the  drainage,  plumbing, 
lighting,  ventilation,  or  the  construction  of  the  same,  or  by 
reason  of  the  existence  on  the  premises  of  a  nuisance  likely 
to  cause  sickness  among  the  occupants  of  said  dwelling, 
or  for  any  other  cause,  the  health  officer  may4  issue  an 
order  requiring  all  persons  therein  to  vacate5  such  house 
within  not  less  than  TWENTY-FOUR  HOURS  nor  more 
than  TEN  DAYS  for  the  reasons  to  be  mentioned  in 
said  order.  In  case  such  order  is  not  complied  with 
within  the  time  specified,  the  health  officer  may  cause 
said  dwelling  to  be  vacated.  The  health  officer  whenever 
he  is  satisfied  that  the  danger  from  said  dwelling  has 
ceased  to  exist,  or  that  it  is  fit  for  human  habitation, 
may  revoke  said  order  or  may  extend  the  time  within 
which  to  comply  with  the  same. 

Explana-  NOTE  i :  This  section  is  one  of  the  most  important 

sections  in  the  whole  law.  It  gives  the  health  de- 
partment under  proper  conditions  the  right  to  vacate 
any  house  which  is  unfit  for  human  habitation  and  to 
keep  it  vacant  until  it  is  made  fit;  and  permits  this 
without  application  to  the  courts.  The  health  de- 
partment can  send  its  own  officers  or  can  call  upon  the 
police  department  to  furnish  policemen  and  send  them 
to  the  house,  if  its  orders  are  not  complied  with,  and 
turn  the  tenants  into  the  street  and  keep  them  out. 
This  is  done  every  month  in  New  York  City  and  is 
the  only  effective  method  of  dealing  with  extreme 
194 


§112  MAINTENANCE 

cases.  It  is  an  extreme  power  which  should  only  be 
used  where  conditions  clearly  warrant  it. 

NOTE  2:  Before  such  action  is  taken  formal  certi- 
fication must  be  made  by  an  officer  of  the  health  de- 
partment reciting  the  conditions  which  exist;  such 
certification  should  be  filed  before  the  action  is  taken 
and  should  be  a  public  record  of  the  department. 

NOTE  3:  The  various  reasons  which  warrant  the 
vacation  of  a  house  are  carefully  enumerated : 

1.  If  the  house  is  infected  with  contagious  disease. 
This  does  not  mean  the  mere  presence  of  one  case  of 
tuberculosis  in  the  house;    it  would  be  necessary  to 
show  that  the  house  itself  was  infected. 

2.  If  it  is  unfit  for  human  habitation  for  any  reason 
whatever. 

3.  If  it  is  dangerous  to  life  or  health  for  various 
reasons,  namely,  want  of  repair,  defects  in  drainage, 
plumbing,  lighting,  ventilation  or  construction;  or  if 
it  is  dangerous  to  life  or  health  because  of  a  nuisance 
on  the  premises  likely  to  cause  sickness  among  the 
occupants.     This  does  not  mean  that  the  house  can 
be  vacated  because  of  the  mere  presence  of  a  nuisance. 
The  nuisance  must  be  one  that  is  likely  to  cause 
sickness  among  the  occupants  of  the  dwelling,  and  the 
health  officer  must  be  able  to  show  that  the  house  is 
dangerous  to  life  or  health  by  reason  of  this  state  of 
affairs. 

4.  Finally,  if  the  house  is  dangerous   to   life   or 
health  for  any  cause  in  addition  to  those  enumerated, 
the  health  officer  may  vacate  it. 

NOTE  4:  It  should  be  carefully  observed  that  this  is 
a  power  given  to  the  health  officer  to  be  exercised  in 
his  discretion.  Some  housing  reformers  want  this 
provision  made  mandatory  so  as  to  require  the  health 
officer  to  vacate  houses  in  every  case  whenever  a 
report  is  made  to  him  along  these  lines  by  an  employe 
of  the  department.  Such  a  provision  would  be  un- 
wise and  dangerous.  It  would  place  in  the  hands  of 
subordinate  employes  tremendous  power  and  open 
the  door  for  unlimited  graft.  As  this  power  is  an 
extreme  one  it  should  be  scrutinized  with  the  greatest 
care  and  be  safeguarded  so  as  to  prevent  abuse.  Re- 
ports of  this  kind  made  by  subordinates  should  be 
verified  in  each  case  personally  by  the  head  of  the 
department  before  vacating  a  house.  This  should  be 

195 


A    MODEL    HOUSING    LAW  §  113 

an  invariable  rule;  it  is  wise  policy  also  to  take  photo- 
graphs of  the  bad  conditions. 

NOTE  5:  Attention  is  called  to  the  fact  that  this 
provision  authorizes  the  health  officer  to  vacate  a 
house  summarily  without  court  proceedings.  This 
is  what  is  intended.  In  many  communities  it  will 
seem  an  extreme  and  unusual  power.  It  is,  however, 
essential.  In  cases  where  unsanitary  conditions  are 
allowed  to  exist  for  long  periods  of  time  no  other 
remedy  will  bring  those  responsible  to  terms.  In 
some  cities  it  may  be  necessary  to  permit  owners  to 
have  the  right  of  appeal  to  the  courts.  From  a  prac- 
tical point  of  view  this  is  highly  undesirable.  It  may, 
however,  in  a  few  states  be  a  legal  necessity. 

NOTE  6:  In  exercising  the  power  to  vacate  houses 
the  health  officer  should  be  careful  not  to  put  the  ten- 
ants out  of  the  building  just  after  they  have  paid 
their  month's  rent  in  advance.  The  vacation  pro- 
ceedings should  be  timed  with  reference  to  this  so  that 
unnecessary  hardship  and  confiscation  of  poor  people's 
property  will  not  be  involved.  Similarly  care  should 
be  taken  not  to  vacate  houses  in  extreme  winter 
weather  as  by  postponing  the  order  this  hardship 
would  not  be  encountered.  Persons  are  cautioned 
against  making  any  change  in  the  phraseology  of  this 
section.  It  is  of  vital  importance  to  keep  it  exactly 
as  it  is,  as  it  has  stood  the  test  in  some  of  our  eastern 
cities  of  over  thirty  years'  practice. 


§  113.  REPAIRS  TO  BUILDINGS,  ETCETERA.1  Whenever 
any  dwelling  or  any  building,  structure,  excavation,  busi- 
ness pursuit,  matter  or  thing,  in  or  about  a  dwelling,  or 
the  lot  on  which  it  is  situated,2  or  the  plumbing,  sewerage, 
drainage,  light  or  ventilation  thereof,  is  in  the  opinion  of 
the  health  officer  in  a  condition  or  in  effect3  dangerous  or 
detrimental  to  life  or  health,  the  health  officer  may  declare 
that  the  same  to  the  extent  he  may  specify  is  a  public 
nuisance,  and  may  order  the  same  to  be  removed,  abated, 
suspended,  altered  or  otherwise  improved  or  purified  as 
the  order  shall  specify.  In  addition  to  the  above  powers4 
the  health  officer  may  also  order  or  cause  any  dwelling 
or  excavation,  building,  structure,  sewer,  plumbing  pipe, 

196 


§  I  13  MAINTENANCE 

passage,  premises,  ground,  matter  or  thing,  in  or  about  a 
dwelling,  or  the  lo\  on  which  it  is  situated,  to  be  purified, 
cleansed,  disinfected,  removed,  altered,  repaired  or  im- 
proved. If  any  order  of  the  health  officer  issued  under 
the  authority  of  the  provisions  of  this  act  is  not  complied 
with,  or  so  far  complied  with  as  he  may  regard  as  reason- 
able, within  five  days  after  the  service  thereof,  or  within 
such  shorter  time  as  he  may  designate,  then  such  order 
may  be  executed5  by  said  health  officer  through  his  offi- 
cers, agents,  employees  or  contractors. 

NOTE  i :  This  section  is  of  almost  equal  importance  EXpiana. 
with  the  previous  section.  It  greatly  supplements  it 
as  well  as  the  general  powers  possessed  by  health  de- 
partments with  reference  to  nuisances.  The  section 
is  necessary  because  there  are  often  cases  where  there 
are  conditions  in  a  house  which  do  not  make  it  un- 
fit for  human  habitation,  bad  though  they  are,  and 
which  even  perhaps  do  not  in  themselves  constitute 
a  nuisance  in  the  usual  acceptation  of  that  term,  but 
which  should  be  remedied  and  remedied  promptly. 
Many  of  these  instances  it  is  not  possible  to  anticipate 
in  drafting  a  law  and  it  is  necessary,  therefore,  to  have 
this  general  "drag-net"  power  conferred  upon  the 
health  department.  Take  the  case,  for  instance, 
where  in  the  winter  time  most  of  the  panes  of  glass 
are  out  of  the  windows  in  an  individual  apartment  in 
a  tenement  house.  The  health  officer  could  with 
difficulty  prove  that  the  house  was  unfit  for  human 
habitation  because  of  this  condition.  It  would 
similarly  be  difficult  to  establish  the  condition  as  a 
nuisance,  yet  it  is  obvious  that  the  condition  should 
be  remedied  and  that  the  effect  of  it  upon  the  people 
living  in  such  rooms  is  bound  to  be  injurious  to  health. 
There  are  no  provisions  in  the  act  outside  of  the  gen- 
eral powers  conveyed  by  this  section  which  would 
warrant  the  health  officer  in  requiring  these  window 
panes  to  be  made  whole.  If  it  were  attempted  under 
the  authority  of  section  97,  which  requires  that  the 
dwelling  shall  be  kept  in  repair  in  all  its  parts,  and 
an  order  issued  to  repair  the  window  panes,  the  owner 
could  evade  compliance  by  removing  all  glass  from 
the  panes.  There  could  then  be  no  question  of 
197 


A   MODEL   HOUSING    LAW  §§  I  14,   115 

"repair"  involved.  Other  instances  will  readily 
occur  to  the  reader.  * 

NOTE  2:  The  powers  herein  conferred  are  intended 
to  apply  to  all  of  the  conditions  which  may  exist  not 
only  in  the  dwelling  itself  but  those  on  the  same  lot 
or  in  connection  with  it.  Every  board  of  health 
should  of  course  have  similar  powers  with  regard  to 
all  classes  of  buildings,  but  this  act  concerns  itself 
only  with  dwellings. 

NOTE  3:  The  phrase  "in  a  condition  or  in  effect 
dangerous  to  life  or  health"  is  of  importance,  as  the 
words  "in  effect"  will  also  provide  for  potential  evils 
as  well  as  actual  ones. 

NOTE  4:  The  second  sentence  of  this  section,  "The 
health  officer  may  also  order,"  confers  broad  powers 
upon  the  health  officer  to  require  practically  any 
improvement  to  an  existing  dwelling  which  in  his 
opinion  is  appropriate.  The  word  "also"  is  essential 
in  this  sentence.  Without  it  there  is  danger  that 
the  courts  might  construe  this  sentence  as  explana- 
tory or  further  illustrative  of  the  powers  conferred 
in  the  first  sentence,  whereas  it  is  intended  by  this 
provision  to  confer  additional  powers. 

NOTE  5 :  It  will  be  observed  that  power  is  conferred 
upon  the  health  officer  to  execute  his  own  orders  and 
have  the  work  done  if  the  owner  fails  to  comply  within 
a  reasonable  time.  This  should  be  read  in  connection 
with  the  latter  part  of  section  144  where  general  power 
to  execute  his  own  orders  is  conferred  upon  the  health 
officer. 

§  1 14.  FIRE-ESCAPES.  The  owner  of  every  multiple- 
dwelling  on  which  there  are  fire-escapes  shall  keep  them 
in  good  order  and  repair,  and  whenever  rusty  shall  have 
them  properly  painted  with  two  coats  of  paint.  No  per- 
son shall  at  any  time  place  any  incumbrance  of  any  kind 
before  or  upon  any  such  fire-escape. 

§115.  SCUTTLES,  BULKHEADS,  LADDERS  AND  STAIRS. 
In  all  multiple-dwellings  where  there  are  scuttles  or  bulk- 
heads, they  and  all  stairs  or  ladders  leading  thereto  shall 
be  easily  accessible  to  all  occupants  of  the  building  and 
shall  be  kept  free  from  incumbrance  and  ready  for  use  at 

198 


§115  MAINTENANCE 

all  times.  No  scuttle  and  no  bulkhead  door  shall  at  any 
time  be  locked  with  a  key,  but  either  may  be  fastened  on 
the  inside  by  movable  bolts  or  hooks. 

NOTE:  Lives  are  frequently  lost  in  fires,  especially  £x  i 
in  tenement  houses,  because  when  the  occupants  at-  .  •  p  ' 
tempt  to  escape  to  the  roof  through  the  scuttle  or  bulk- 
head they  find  the  scuttle  nailed  down  or  the  bulkhead 
door  locked  and  the  key  in  the  janitor's  pocket. 
They  then  become  trapped  in  the  top-floor  hallway 
and  lose  their  lives.  It  is  essential,  therefore,  that 
scuttles  should  be  so  arranged  that  they  can  be  easily 
raised  by  the  tenants  in  case  of  fire  and  that  bulkhead 
doors  shall  be  kept  unlocked.  There  must,  however, 
be  some  means  of  fastening  them,  otherwise  thieves 
can  get  in  from  the  outside  and  rob  the  tenants.  A 
movable  bolt  or  a  hook  will  be  found  to  be  an  ade- 
quate means  of  fastening  the  scuttle  or  door  to  keep 
intruders  out,  and  will  permit  the  immediate  opening 
of  the  door  from  the  inside  in  the  event  of  fire. 


199 


A    MODEL    HOUSING    LAW  §  1 2O 


ARTICLE  V 
IMPROVEMENTS 

In  this  article  will  be  found  those  improvements  in 
the  older  buildings  required  as  a  matter  of  compul- 
sory legislation. 

§  1 20.  ROOMS,  LIGHTING  AND  VENTILATION  or.1  No 
room  in  a  dwelling11  erected  prior2  to  the  passage  of  this 
act  shall  hereafter  be  occupied  for  living  purposes  unless 
it  shall  have  a  window  of  an  area  of  not  less  than  EIGHT 
square  feet3  opening  directly  upon  the  street,  or  upon  a4 
rear  yard  not  less  than  TEN  feet  deep,  or  above  the  roof 
of  an  adjoining  building,  or  upon  a  court  or  side  yard  of 
not  less  than  TWENTY-FIVE  square  feet  in  area,  open 
to  the  sky  without  roof  or  skylight,  unless  such  room  is 
located  on  the  top  floor5  and  is  adequately  lighted  and 
ventilated  by  a  skylight  opening  directly  to  the  outer 
air.  Except  that  a  room  which  does  not  comply  with 
the  above  provisions  may  be  occupied  if  provided  with  a 
sash  window6  of  not  less  than  fifteen  square  feet  in  area, 
opening  into  an  adjoining  room  in  the  same  apartment, 
group  or  suite  of  rooms,  which  latter  room  either  opens 
directly  on  the  street  or  on  a  rear  yard  of  the  above  dimen- 
sions, or  itself  connects  by  a  similar  sash  window  or  series 
of  windows  with  such  an  outer  room.  Said  sash  window 
shall  be  a  vertically-sliding  pulley-hung7  sash  not  less 
than  three  feet  by  five  feet  between  stop-beads,8  both 
halves  shall  be  made  so  as  to  readily  open,9  and  the  lower 
half  shall  be  glazed  with  translucent  glass,10  and  so  far  as 
possible  it  shall  be  in  line  with  windows  in  the  said  outer 
room  opening  on  the  street  or  rear  yard  so  as  to  afford  a 
maximum  of  light  and  ventilation. 

200 


§  I2O  IMPROVEMENTS 

NOTE  i :  This  provision  is  an  attempt  to  deal  in  a  Explana- 
practical  way  with  dark,  unventilated  rooms  in  ex-  tjon 
isting  houses.  In  effect  it  means  that  every  room  in 
an  existing  house  shall  either  have  a  window  to  the 
outer  air,  namely,  the  street,  yard,  or  a  court  of  a 
certain  size,- or  shall  have  a  large  window  communicat- 
ing with  an  adjoining  room  in  the  same  apartment, 
thus  securing  some  improvement  in  the  existing  con- 
ditions of  light  and  ventilation.  The  ideal  thing  to 
do  would  be  to  prohibit  the  use  of  any  room  for  living 
purposes  which  does  not  have  a  window  directly  on 
the  outer  air,  but  this  is  not  practicable.  Such  rooms 
will  be  found  in  varying  numbers  in  different  localities, 
in  buildings  erected  at  different  times  and  in  accord- 
ance with  the  laws  which  were  in  force  and  effect 
when  the  houses  were  built.  In  many  cases  it  is 
physically  impossible  to  provide  a  window  to  the  outer 
air  in  such  rooms  without  tearing  down  the  building. 
The  courts  would  probably  hold  such  a  requirement 
to  be  confiscatory  and  void.  The  provision  of  this 
section  is  not  subject  to  that  objection  and  is  a  reason- 
able requirement. 

NOTE  2:  This  section  applies  only  to  methods  of 
lighting  and  ventilating  rooms  erected  prior  to  the 
passage  of  the  act.  Rooms  in  dwellings  erected  sub- 
sequent to  the  passage  of  the  act  must  conform  to  the 
requirements  of  Article  1 1  dealing  with  new  buildings. 

NOTE  3:  Every  variety  of  condition  will  be  found 
in  existing  dwellings.  Some  rooms  will  be  found 
which  have  windows  to  the  outer  air  but  the  windows 
do  not  contain  8  square  feet  in  area.  In  such  cases 
all  that  will  be  necessary  will  be  to  enlarge  the  win- 
dows. 

NOTE  4:  It  should  be  noted  that  if  the  room  opens 
on  a  yard  or  court  on  the  adjoining  premises,  so  long 
as  that  yard  or  court  is  not  built  up  and  it  is  of  the 
size  prescribed  by  the  act,  it  is  a  satisfactory  compli- 
ance with  the  terms  of  this  section,  as  all  that  is 
sought  is  to  see  that  dark  rooms  in  the  older  dwellings 
shall  be  made  light  and  shall  have  as  much  ventilation 
as  possible.  In  some  cases  rooms  will  be  found 
which  have  windows  opening  to  the  rear  yard  but  the 
yard  will  be  smaller  than  10  feet  in  depth.  In  such 
cases  a  sash  window  must  be  provided  in  the  parti- 
tion leading  to  the  adjoining  room.  Similarly  exist- 

20 1 


A    MODEL    HOUSING    LAW 


§  120 


ing  rooms  may  open  on  courts  smaller  in  size  than  25 
square  feet  in  area  or  courts  which  are  covered  over 
at  the  top.  In  this  case  the  room  can  be  made  legal 
by  either  removing  the  covering  at  the  top  and  having 
the  court  open  to  the  air  or  by  providing  a  sash 
window  in  the  partition  leading  to  the  adjoining  room. 
NOTE  5 :  In  the  case  of  rooms  on  the  top  floor  which 


KITCHEN 


£OOA\ 


KITCHEN 


LIVING  COO/M. 


BED  ROOM 


BED  ROOA\ 


ROOM 


FIGURE  40 
SASH  WINDOWS  PROVIDED  BETWEEN  ROOMS 


are  now  dark  and  unventilated,  the  simplest  and 
easiest  way  to  remedy  the  conditions  is  to  provide 
ventilating  skylights  in  the  different  rooms.  This 
can  be  done  at  comparatively  slight  expense. 

NOTE  6:   In  any  event,  no  matter  what  the  condi- 
tions or  difficulties  it  is  always  practicable  to  cut  a 
window  in  the  partition  separating  the  inner  or  dark 
room  from  the  room  next  adjoining,  which  in  most 
202 


§  120  IMPROVEMENTS 

cases  will  be  a  room  that  opens  directly  on  the  outer 
air.  Sometimes  the  inner  room  is  two  or  three  rooms 
removed  from  the  outer  wall  of  the  building.  In 
that  case  there  must  be  a  series  of  windows  in  line 
with  each  other  leading  from  the  inner  room  to  the 
outer  room  so  that  the  light  and  air  may  penetrate 
to  the  room  in  question,  as  indicated  in  the  diagram 
on  page  202. 

NOTE  7:  The  reason  for  requiring  the  sash  window 
in  the  partition  to  be  a  double-hung  sash  is  because 
a  hinged  window  under  such  circumstances  is  apt  to 
be  broken  and  will  therefore  generally  be  nailed  up  in 
the  cheaper  class  of  houses,  thus  defeating  the  plan 
to  improve  the  ventilation  of  the  inner  room.  The 
double-hung  sash  will  also  insure  better  circulation 
of  the  air,  as  by  utilizing  it  properly  it  can  be  kept 
open  both  at  top  and  bottom  with  the  window  acting 
as  a  diaphragm,  dividing  the  air  currents. 

NOTE  8:  The  requirement  that  the  window  shall 
not  be  less  than  3  feet  by  5  feet  is  to  insure  a  window 
of  sufficient  size  to  admit  enough  light  and  air.  A 
larger  window  than  this,  wherever  it  is  possible  to 
get  it,  is  very  desirable. 

NOTE  9:  The  law  will  not  be  complied  with  by  re- 
moving the  partition  between  the  inner  room  and  the 
room  next  adjoining  and  making  one  room  out  of  the 
two.  This  is  objectionable  and  should  be  prevented, 
as  it  means  that  the  inner  room  will  be  used  as  an 
alcove  and  that  a  curtain  will  presumably  be  used  be- 
tween the  two  rooms  shutting  out  both  light  and  air. 
The  evils  of  the  alcove  room  have  been  fully  discussed 
under  section  33. 

NOTE  10:  The  requirement  that  the  lower  half  of 
the  window  shall  be  glazed  with  translucent  glass  is 
for  the  purpose  of  privacy,  thus  removing  the  objec- 
tion which  would  otherwise  be  raised  that  persons 
could  not  undress  in  their  bedrooms  without  being 
seen  in  the  outer  room. 

NOTE  1 1 :  This  section  applies  to  all  classes  of 
dwellings.  It  may  be  objected  to  by  the  owners  of 
private  houses.  A  dark  room  in  a  private  dwelling, 
however,  is  just  as  dangerous  as  in  a  multiple  dwelling. 
The  effect  of  dark  rooms  on  tuberculosis  germs  is  the 
same  in  all  cases.  If,  however,  the  opposition  to  this 
provision  seems  serious  and  it  is  desired  to  make  con- 

203 


A    MODEL    HOUSING    LAW 


§ 


Concession 


Explana- 
tion 


cessions  to  these  interests,  the  following  concession 
may  be  made.  Substitute  for  the  following  words  at 
the  beginning  of  the  section,  which  now  read  "No 
room  in  a  dwelling  erected  prior, "  the  following  words : 

CONCESSION  i:  "No  room  in  a  two-family-dwelling  or 
in  a  multiple-dwelling  of  Class  A  erected  prior" 

§  121.  PUBLIC  HALLS  AND  STAIRS,  LIGHTING  AND  VEN- 
TILATION or.1  In  all  dwellings  erected  prior  to  the 
passage  of  this  act  the  public  halls  and  stairs2  shall  be  pro- 
vided with  as  much  light  and  ventilation  to  the  outer  air 
as  may  be  deemed  practicable  by  the  health  officer,  who 
may  order  the  cutting  in  of  windows  and  skylights  and 
such  other  improvements4  and  alterations  in  said  dwellings 
as  in  his  judgment  may  be  necessary  and  appropriate  to 
accomplish  this  result.  All  new3  skylights  hereafter  placed 
in  such  dwellings  shall  be  provided  with  ridge  ventilators 
having  a  minimum  opening  of  FORTY  square  inches  and 
also  with  either  fixed  or  movable  louvres  or  with  movable 
sashes;  all  such  skylights  and  windows  shall  be  of  such 
size  as  may  be  determined  to  be  practicable  by  said  health 
officer. 

NOTE  i :  The  evils  of  dark  public  halls  and  stairs 
have  already  been  fully  set  forth  from  the  point  of 
view  of  sanitation,  fire  danger  and  morality.  This 
section  is  enacted  for  the  purpose  of  bringing  as  much 
light  and  air  as  possible  into  the  existing  dark  public 
hallways.  The  conditions  vary  so  greatly  in  each 
building  that  it  is  not  practicable  to  attempt  to  lay 
down  in  the  act  a  definite,  rigid  method  by  which  this 
shall  be  accomplished  in  all  cases.  In  some  cases  it 
may  be  by  the  cutting  in  of  a  window  to  the  street  or 
yard,  in  others  to  the  yard  of  an  adjoining  building; 
while  in  many  others  the  only  improvement  that  can 
be  had  will  be  by  means  of  a  ventilating  skylight  in 
-  the  roof.  What  the  section  does  is  to  give  to  the 
health  authorities  the  power  to  improve  in  every  way 
practicable  the  lighting  and  ventilation  of  these  ex- 
isting public  hallways. 

NOTE  2:   This  section  applies  only  to  public  halls 
204 


§  122  IMPROVEMENTS 

and  stairs.  It  will  therefore  not  apply  in  the  case 
of  most  private  dwellings  and  two-family  houses. 

NOTE  3:  The  requirement  with  regard  to  the  con- 
struction of  skylights  does  not  apply  to  existing  sky- 
lights but  only  to  a  new  one  which  may  be  placed  in 
the  hallway  of  an  existing  dwelling.  The  size  of  the 
skylight  will  consequently  vary  with  the  conditions 
in  each  building.  There  is  no  advantage  in  requiring 
a  large  skylight  where  there  is  a  small  stairwell  or 
no  well.  Under  such  circumstances  this  would  only 
light  the  hall  on  the  top  floor. 

NOTE  4:  A  simple  and  inexpensive  way  of  ma- 
terially improving  the  conditions  of  light  in  the  dark 
halls  is  to  remove  the  wooden  panels  in  the  doors  lead- 
ing from  the  individual  apartments  to  the  halls  and 
substitute  ground  glass  or  wire  glass  panels  in  their 
place.  While  this  does  not  make  the  halls  light  it 
does  make  them  much  lighter.  It  has  not  been 
thought  wise  to  require  this  alteration  as  a  matter 
of  mandate,  but  for  the  reason  set  forth  in  note  i  it 
has  seemed  best  to  leave  this  to  the  health  officer  as 
one  method  to  employ  where  it  proves  to  be  advan- 
tageous. 

§  122.  SINKS.  In  all  dwellings2  erected  prior  to  the 
passage  of  this  act,  the  woodwork1  enclosing  sinks  shall  be 
removed  and  the  space  underneath  said  sinks  shall  be  left 
open.  The  floor  and  wall  surfaces  beneath  and  around 
the  sink  shall  be  put  in  good  order  and  repair,  and  if  of 
wood  shall  be  kept  well  painted  with  light-colored  paint. 

NOTE  i :  This  is  a  requirement  compelling  the  re-  Expiana_ 
moval  of  all  enclosing  woodwork  from  sinks  in  ex- 
isting  dwellings.  It  is  necessary  because  where  sinks 
are  thus  enclosed,  the  woodwork  as  a  rule  becomes 
saturated  with  water  and  slops  and  is  a  harboring 
place  for  dirt,  vermin  and  disease  germs.  More- 
over, if  the  plumbing  is  defective  and  is  enclosed  the 
defects  are  not  observed.  In  order  to  show  up  ac- 
cumulations of  dirt  and  filth  underneath  them  it 
is  wise  to  require  the  floor  to  be  painted  white. 

NOTE  2:   Objection  will  probably  be  made  to  this 
provision  so  far  as  it  applies  to  private  dwellings  and 
two-family  houses.     There  will  probably  be  no  ob- 
205 


A    MODEL   HOUSING    LAW  §§  123,    124 

jection  to  compliance  so  far  as  kitchen  sinks  are  con- 
cerned even  in  these  houses,  but  there  may  be  to 
sinks  in  butlers'  pantries.  If  this  point  is  pressed, 
the  following  concession  can  wisely  be  made.  After 
the  words  in  the  second  line  "  the  woodwork  enclosing 
sinks"  insert  a  comma  and  the  following: 

Concession          CONCESSION  i :  "except  sinks  in  butlers'  pantries/' 

§  123.  WATER-CLOSETS.  In  all  dwellings  erected  prior 
to  the  passage  of  this  act,  the  woodwork  enclosing  all 
water-closets  shall  be  removed  from  the  front  of  said 
closets,  and  the  space  underneath  the  seat  shall  be  left 
open.  The  floor  or  other  surface  beneath  and  around  the 
closet  shall  be  put  in  good  order  and  repair  and  if  of  wood 
shall  be  kept  well  painted  with  light-colored  paint. 

Explana-  NOTE:  This  is  a  similar  provision  and  is  necessary 

for  the  reasons  discussed  in  the  preceding  section. 
The  necessity  for  it,  of  course,  is  greater  in  the  case  of 
water-closets  than  it  is  in  the  case  of  sinks. 

§  124.  PRIVY  VAULTS,  SCHOOL-SINKS  AND  WATER- 
CLOSETS.  V  Whenever  a  connection  with  a  sewer  is  pos- 
sible, all3  privy  vaults,  school-sinks,7  cesspools  or  other 
similar  receptacles  used  to  receive  fecal  matter,  urine  or 
sewage,  shall  before  January  first,  nineteen  hundred  and 

— ,4  with  their  contents,  be  completely  removed  and  the 
place  where  they  were  located  properly  disinfected  under 
the  direction  of  the  health  officer.  Such  appliances  shall 
be  replaced  by  individual  water-closets  of  durable  non- 
absorbent  material,  properly  sewer-connected,  and  with 
individual  traps,  and  properly  connected  flush  tanks  pro- 
viding an  ample  flush  of  water  to  thoroughly  cleanse  the 
bowl.  Each  such  water-closet  shall  be  located  inside5  the 
dwelling  or  other  building  in  connection  with  which  it  is 
to  be  used,  in  a  compartment  completely  separated  from 
every  other  water-closet,  and  such  compartment  shall 
contain  a  window  of  not  less  than  FOUR  square  feet  in 
area  opening  directly  to  the  street,  or  rear  yard  or  on  a 
side  yard  or  court  of  the  minimum  sizes  prescribed  in  sec- 

206 


§  124  IMPROVEMENTS 

tions  twenty-three  and  twenty-four  of  this  act.  The  floors 
of  the  water-closet  compartments  shall  be  as  provided  in 
section  forty-five  of  this  act.  Such  water-closets  shall  be 
provided  in  such  numbers  as  required  by  section  ninety- 
three  of  this  act.  Such  water-closets  and  all  plumbing 
in  connection  therewith  shall  be  sanitary  in  every  respect 
and,  except  as  in  this  act  otherwise  provided,  shall  be  in 
accordance  with  the  local  ordinances  and  regulations  in 
relation  to  plumbing  and  draining.6  Pan,  plunger  and 
long  hopper  closets  will  not  be  permitted.  No  water- 
closet  shall  be  placed  out  of  doors. 

NOTE  i :  This  is  the  most  important  provision  that  Explana- 
can  be  enacted  with  regard  to  the  improvement  of  the  tion 
older  buildings.     It  is  one  which  will  as  a  rule  create 
much  opposition,  as  it  involves  owners  in  considerable 
expense;  yet  all  cities  should  unhesitatingly  enact  it. 
It    requires   existing   privy   vaults,   whether   sewer- 
connected  or  not,  and  all  similar  receptacles  to  be  done 
away  with  within  a  certain  time,  preferably  a  year, 
and  new  modern  sanitary  water-closets  installed  in- 
side of  the  building  in  their  place. 

NOTE  2:  The  constitutional  question  may  be  raised 
with  regard  to  this  requirement  but  cities  can  adopt 
it  with  perfect  confidence  that  they  are  on  safe  ground. 
The  question  has  been  settled  for  all  time.  A  similar 
provision  was  put  into  effect  in  New  York  City  in  1 90 1 . 
Its  constitutionality  was  tested  and  the  case  went 
through  all  the  courts  of  the  state  and  ultimately 
went  to  the  supreme  court  of  the  United  States.  The 
law  was  uniformly  sustained  in  each  of  these  courts. 
(Tenement  House  Department  vs.  Moeschen,  203  U. 

s.  583.) 

NOTE  3:  It  should  be  noted  that  the  provision  as 
herein  stated  applies  to  all  privy  vaults  in  the  city, 
whether  they  are  used  in  connection  with  dwellings, 
or  commercial  buildings,  or  in  any  other  way.  This  is 
for  the  reason  that  there  is  no  way  otherwise  to  safe- 
guard the  members  of  the  community  living  in  resi- 
dential sections  from  the  danger  of  infection  through 
the  medium  of  the  house  fly.  For  further  discussion 
see  note  10  under  section  45. 

NOTE  4:  It  is  only  proper  to  allow  owners  a  reason- 
207 


A    MODEL    HOUSING    LAW  §  124 

able  time  in  which  to  make  this  alteration.  It  in- 
volves in  some  cases  the  preparation  of  plans  by  an 
architect  and  structural  alteration  of  the  building.  It 
also  involves  in  all  cases  expense  to  the  owner.  In 
most  communities  it  is  the  custom  to  allow  one  year's 
time  in  which  to  make  these  changes.  The  method 
of  expressing  this  as  adopted  in  this  section  is  one  that 
should  be  observed.  It  should  be  noted  that  the 
requirement  is  that  these  vaults  shall  be  removed 
before  a  certain  date.  This  does  not  prohibit  the  re- 
moval of  them  at  an  earlier  date  if  the  health  author- 
ities require  it.  They  should  be  free  to  require  it. 
In  this  connection  see  section  10.  There  may 
be  circumstances  where  it  is  necessary  to  require 
the  removal  of  such  vaults  in  a  less  time  than  one 
year. 

NOTE  5 :  This  provision  prohibits  the  construction 
of  outdoor  water-closets  in  place  of  the  vaults.  The 
outdoor  closet  is  almost  as  great  an  evil  as  the  vault. 
This  matter  is  fully  discussed  in  note  10  under  section 
45.  The  only  place  for  a  water-closet  is  inside  the 
house.  There  is  always  a  place  inside  the  building, 
though  owners  will  say  there  is  not.  In  the  case  of 
private  dwellings  and  two-family  houses  there  is  of 
course  no  difficulty.  In  the  case  of  multiple  dwellings 
where  there  are  many  families  the  problem  is  not  so 
simple.  Space  can  always  be  found,  however,  by 
giving  up  one  room  on  the  ground  floor  or  on  the  top 
floor  to  a  group  of  closets,  having  each  closet  separ- 
ately ventilated  to  the  outer  air  and  in  a  separate 
compartment,  or  it  can  be  done  by  putting  one  or 
two  closets  on  each  floor  off  the  public  hallway  or 
between  the  two  apartments,  depending  upon  the 
number  of  families  on  a  floor.  This  is  the  better  way. 
In  whatever  way  it  is  done  it  generally  means  altera- 
tion and  readjustment  and  sometimes  the  giving  up 
of  rentable  floor  space.  It  always  means,  however, 
an  improvement  to  the  building,  for  which  the  tenants 
are  willing  to  pay.  By  a  slight  increase  in  the 
monthly  rental  for  each  family,  the  interest  on  the 
money  thus  expended  can  be  easily  obtained.  Ir- 
respective of  any  of  these  considerations,  the  im- 
provement is  one  which  public  safety  demands. 
No  city  can  call  itself  civilized  which  tolerates  privy 
vaults. 

208 


IMPROVEMENTS 


FIGURE  41 

PUTTING  WATER-CLOSETS   INSIDE  THE   HOUSE  BETWEEN  Two  FLATS 
IN  A  FOUR-ROOM  DEEP  HOUSE 


209 


A    MODEL    HOUSING    LAW 


§  124 


FIGURE  42 

PUTTING  WATER-CLOSETS    INSIDE  THE  HOUSE    BETWEEN   Two  FLATS 
IN  A  FRONT  AND  REAR  HOUSE 


2IO 


I24 


IMPROVEMENTS 


FIGURE  43 

PUTTING  WATER-CLOSETS  INSIDE  THE  HOUSE  OFF  THE  PUBLIC  HALL. 
PLAN  OF  ENTRANCE  FLOOR 


21 


A    MODEL    HOUSING    LAW 


124 


FIGURE  44 

PUTTING    WATER-CLOSETS    INSIDE    THE    HOUSE,    Two    FIXTURES    PER 

FLOOR 


212 


§  124 


IMPROVEMENTS 


FIGURE  45 
PUTTING  WATER-CLOSETS   INSIDE  THE  HOUSE  IN  A  FOUR-FAMILY  ON  A 

FLOOR  FLAT 
Twg  water-closets  off  the  public  hall 


213 


A    MODEL    HOUSING    LAW 


124 


FIGURE  46 

PUTTING  WATER-CLOSETS  INSIDE  THE  HOUSE 
Building  an  extension  for  them  at  the  rear 

2I4 


IMPROVEMENTS 


FIGURE  47 

PUTTING  WATER-CLOSETS  INSIDE  THE  HOUSE 
Two  water-closets  in  an  old  dwelling  used  as  a  tenement 


215 


A    MODEL    HOUSING    LAW 


§  125 


NOTE  6:  The  new  closets  that  must  be  installed 
are  required  to  comply  with  the  provisions  relative  to 
closets  that  would  be  installed  in  a  new  dwelling.  The 
reasons  for  the  various  requirements  as  laid  down  in 
this  section  are  all  discussed  in  the  discussion  relative 
to  new  closets  under  section  45. 

NOTE  7:  A  "school-sink"  is  nothing  more  nor  less 
than  a  sewer-connected  privy  vault.  It  derives  its 
name  from  the  fact  that  it  was  originally  used  in 
connection  with  the  toilet  accommodations  provided 
for  the  public  schools  in  New  York  City;  it  is  called 
a  sink  because  the  trough  which  receives  the  contents 
of  the  privy  is  an  iron  trough  or  sink  sunk  in  the 
ground. 


LONGITUDINAL    SECTIONS 


Explana- 
tion 


FIGURE  48 
A  SCHOOL-SINK 

§  125.  BASEMENTS  AND  CELLARS.  The  floor  of  the  cellar 
or  lowest  floor  of  every  dwelling  shall  be  free  from  damp- 
ness and,  when  necessary,  shall  be  concreted  with  not  less 
than  FOUR  inches  of  concrete  of  good  quality  and  with  a 
finished  surface.  The  cellar  ceiling  of  every  dwelling  shall 
be  plastered,  when  so  required  by  the  health  officer. 

NOTE:  Damp  cellars  cause  disease.  Where  cellar 
conditions  are  good  and  the  cellar  floor  for  instance  is 
of  rock,  it  is  not  necessary  to  concrete  it,  but  whenever 
necessary  the  floor  should  be  concreted  to  prevent 
dampness.  A  concrete  floor  4  inches  thick  is  the 
standard  in  most  cities.  If  objection  is  made  to  this 
216 


§§  126,    127  IMPROVEMENTS 

on  the  ground  of  expense,  the  standard  can  be  reduced 
to  3  inches  without  danger.  The  important  thing  is 
that  the  concrete  shall  be  of  good  quality  and  that 
the  job  shall  be  well  done.  The  requirement  for  a 
finished  surface  is  for  the  purpose  of  preventing  germs 
and  filth  collecting  upon  a  rough  floor.  The  reason 
for  requiring  the  cellar  ceiling  to  be  plastered  is  to 
prevent  cellar  air  from  permeating  the  rest  of  the 
building.  It  is  for  the  purpose  of  protecting  the 
health  of  the  occupants  of  the  building  living  upstairs 
and  not  merely  for  the  welfare  of  the  persons  who  may 
live  in  the  basement  or  first  floor.  It  will  not  do  to 
require  the  cellar  ceiling  to  be  plastered  in  every  case, 
however,  because  sometimes  it  is  a  fireproof  ceiling 
made  of  fireproof  blocks.  Plaster  in  that  case  would 
be  an  unnecessary  expense.  In  other  cases  the  ceiling 
is  nicely  sheathed  with  matched  boards.  Sometimes 
it  is  covered  with  a  good  metal  ceiling.  The  question 
is  one  which  necessarily  must  be  left  to  the  discretion 
of  the  enforcing  officials  to  apply  the  remedy  appro- 
priate to  the  varying  conditions  found. 

§  126.  SHAFTS  AND  COURTS.  In  every  dwelling  where 
there  is  a  court  or  shaft  of  any  kind,  there  shall  be  at  the 
bottom  of  every  such  shaft  and  court  a  door  giving  suf- 
ficient access  to  such  shaft  or  court  to  enable  it  to  be  prop- 
erly cleaned  out.  Provided  that  where  there  is  already  a 
window  giving  proper  access  it  shall  be  deemed  sufficient. 

NOTE:  In  tenement  houses  especially  the  occupants  Explana- 
frequently  throw  waste  material  out  of  the  windows 
and  this  accumulates  at  the  bottom  of  the  court  or 
shaft.  This  creates  unsanitary  conditions  and  fre- 
quently is  a  fire  danger.  Unless  it  is  easy  to  get  at 
this  space  and  clean  it  out  it  is  apt  to  be  neglected. 

§  127.  EGRESS.  Every  multiple-dwelling1  exceeding  one 
story  in  height  shall  have  at  least  two  independent  ways  of 
egress  constructed  and  arranged  as  provided  in  section 
fifty-one  of  this  act.  In  the  case  of  multiple-dwellings 
erected  prior  to  the  passage  of  this  act  where  it  is  not  prac- 
ticable to  comply  in  all  respects  with  the  provisions  of  that 
section,  the  superintendent  of  buildings  shall  make  such 

217 


A    MODEL    HOUSING    LAW  §  12J 

requirements  as  may  be  appropriate  to  secure  proper 
means  of  egress  from  such  multiple-dwellings  for  all  the 
occupants  thereof.  No  existing  fire-escape  shall  be  deemed 
a  sufficient  means  of  egress  unless  the  following  conditions 
are  complied  with  :2 

(1)  All  parts  of  it  shall  be  of  iron,  cement  or  stone. 

(2)  The  fire-escape  shall  consist  of  outside  balconies 
which  shall  be  properly  connected  with  each  other  by 
adequate  stairs  or  stationary3  ladders,  with  openings  not 
less  than  TWENTY-FOUR  by  TWENTY-EIGHT  inches. 

(3)  All  fire-escapes  shall  have  proper  drop  ladders  or 
stairways  from  the  lowest  balcony  of  sufficient  length  to 
reach  a  safe  landing  place  beneath. 

(4)  All  fire-escapes  not  on  the  street  shall  have  a  safe 
and  adequate  means  of  egress  from  the  yard  or  court  to 
the  street  or  alley  or  to  the  adjoining  premises. 

(5)  Prompt  and  ready  access  shall  be  had  to  all  fire- 
escapes,   which   shall   not   be    obstructed   by    bath-tubs, 
water-closets,  sinks  or  other  fixtures,  or  in  any  other  way. 

All  fire-escapes  that  are  already  erected  which  do  not 
conform  to  the  requirements  of  this  section  may  be  altered5 
by  the  owner  to  make  them  so  conform  in  lieu  of  providing 
new  fire-escapes,  but  no  existing  fire-escape  shall  be  ex- 
tended or  have  its  location6  changed  except  with  the  writ- 
ten approval  of  the  superintendent  of  buildings.4  All 
fire-escapes  hereafter  erected7  on  any  multiple-dwelling 
shall  be  located  and  constructed  as  prescribed  in  section 
fifty-two  of  this  act. 

Explana-  NOTE  i :  This  section  deals  with  means  of  egress  in 

t jon  existing  multiple  dwellings.     1 1  does  not  apply  to  other 

classes  of  dwellings,  nor  does  it  apply  to  multiple 
dwellings  unless  over  one  story  in  height.  Owing  to 
the  varying  conditions  which  exist  in  the  different 
kinds  of  multiple  dwellings  erected  at  different  times 
in  each  city,  it  is  not  practicable  without  imposing 
undue  hardships,  to  lay  down  a  precise  and  exact 
statement  of  conditions  which  must  be  complied  with 
in  regard  to  means  of  egress  from  such  buildings.  It 
is  necessary,  therefore,  to  leave  to  the  enforcing  of- 
218 


§  128  IMPROVEMENTS 

ficials  in  this  case  the  power  to  require  whatever  may 
be  necessary  in  order  to  secure  proper  means  of  egress 
for  all  the  occupants  of  the  building. 

NOTE  2:  An  attempt  has  been  made,  however,  to 
enumerate  certain  fundamental  requirements  which 
must  be  present  in  order  to  constitute  a  fire-escape 
a  proper  means  of  egress.  These  fundamental  re- 
quirements it  is  not  within  the  power  of  the  enforcing 
official  to  modify  or  waive. 

NOTE  3 :  The  reasons  for  making  the  requirements 
which  are  enumerated  in  the  five  subdivisions  of  this 
section  have  been  fully  set  forth  in  connection  with 
the  discussion  of  the  details  of  new  fire-escapes  in 
section  52.  It  will  be  noted  that  stationary  ladders 
are  here  permitted  connecting  the  balconies,  whereas 
in  new  fire-escapes  they  are  forbidden  and  stairs  re- 
quired. It  would  be  a  hardship  to  require  existing 
fire-escapes  now  equipped  with  ladders  to  be  altered 
and  stairs  substituted,  as  this  would  practically  mean 
the  complete  demolition  of  the  fire-escapes  and  the 
erection  of  new  ones. 

NOTE  4:  The  proper  official  to  enforce  this  section 
is  the  superintendent  of  buildings;  where  no  such 
official  exists,  the  fire  marshal  or  fire  commissioner. 
In  this  connection  see  section  153;  also  section  2,  sub- 
division 20. 

NOTE  5:  It  is  deliberately  intended  to  permit  the 
alteration  of  existing  fire-escapes  which  do  not  con- 
form in  every  respect  to  the  requirements  of  this  sec- 
tion, so  as  to  impose  upon  owners  as  little  expense  as 
possible. 

NOTE  6:  It  is  obvious  that  the  owner  should  not  be 
permitted  to  change  the  location  of  fire-escapes  with- 
out having  the  matter  first  submitted  to  the  respon- 
sible public  official  and  passed  upon  by  him. 

NOTE  7:  Where  entirely  new  fire-escapes  are  erected 
they  must  comply  in  every  respect  with  section  52 
governing  the  construction  of  fire-escapes  for  new 
dwellings. 


§  128.  ADDITIONAL  MEANS  OF  EGRESS.  Whenever  any 
multiple-dwelling  is  not  provided  with  sufficient  means 
of  egress  in  case  of  fire  the  superintendent  of  buildings  shall 
order  such  additional  means  of  egress  as  may  be  necessary. 

219 


A    MODEL    HOUSING    LAW 


§129 


Explana- 
tion 


Explana- 
tion 


NOTE:  This  is  a  broad  "drag-net"  power  conferred 
upon  the  enforcing  officials  to  enable  them  to  deal 
with  cases  which  may  arise  which  it  has  not  been 
possible  to  foresee  in  drafting  the  law.  The  power  is 
supplementary  to  the  powers  already  conferred. 

§  129.  ROOF  EGRESS;  SCUTTLES,  BULKHEADS,  LADDERS 
AND  STAIRS.  Every  flat-roofed  multiple-dwelling  exceed- 
ing one  story  in  height  erected  prior  to  the  passage  of  this 
act  shall  have  in  the  roof  a  bulkhead,  or  a  scuttle  which 
shall  be  not  less  than  TWO  feet  by  THREE  feet  in  size. 
All  such  bulkheads  and  scuttles  shall  be  fireproof  or  covered 
on  the  outside  with  metal  and  shall  be  provided  with 
stairs  or  stationary  ladders  leading  thereto  and  easily 
accessible  to  all  occupants  of  the  building.  No  scuttle 
or  bulkhead  shall  be  located  in  a  room,  but  shall  be  located 
in  the  ceiling  of  the  public  hall  on  the  top  floor,  and  access 
through  the  same  to  the  roof  shall  be  direct  and  uninter- 
rupted. When  deemed  necessary  by  the  superintendent 
of  buildings  scuttles  shall  be  hinged  so  as  to  readily  open. 
Every  bulkhead  in  such  multiple-dwelling  shall  have 
stairs  with  a  guide  or  hand-rail  leading  to  the  roof,  and 
such  stairs  shall  be  kept  free  from  incumbrance  at  all 
times.  No  scuttle  and  no  bulkhead  door  shall  at  any  time 
be  locked  with  a  key,  but  either  may  be  fastened  on  the 
inside  by  movable  bolts  or  hooks.  All  key-locks  on 
scuttles  and  on  bulkhead  doors  shall  be  removed. 

NOTE:  This  is  a  requirement  for  means  of  roof 
egress  in  existing  multiple  dwellings.  It  does  not 
apply  to  other  kinds  of  dwellings.  The  various 
points  in  this  section  have  been  fully  discussed  in 
connection  with  section  53  and  need  no  further  illus- 
tration. The  requirement  that  scuttles  shall  be 
hinged  in  certain  cases  is  to  meet  the  situation  where 
the  scuttles  are  too  heavy  to  be  easily  raised  by  the 
ordinary  person. 


220 


§  140  REQUIREMENTS    AND    REMEDIES 


ARTICLE  VI 
REQUIREMENTS  AND  REMEDIES 

In  this  article  will  be  found  the  legal  requirements, 
penalties  for  violations  of  the  law,  procedure,  et 
cetera. 

NOTE:  The  tendency  of  many  housing  reformers  Explana- 
when  they  come  to  this  article  is  to  skip  it,  as  it  deals 
with  matters  which  as  a  rule  are  not  understood  by  the 
layman.  This  is  not,  however,  safe  procedure.  The 
rest  of  the  law  will  be  found  to  be  of  little  effect  unless 
most  of  these  remedies  are  enacted.  This  article 
should  be  especially  referred  to  a  local  lawyer  to 
make  sure  that  it  is  in  harmony  with  the  legal  prac- 
tice in  that  city,  and  should  be  modified  to  suit  the 
local  practice.  There  are  no  sections  in  this  article 
which  can  wisely  be  omitted.  An  effort  to  simplify 
and  condense  the  law  on  this  point  is  sure  to  produce 
disastrous  results  in  the  end. 

§  140.  PERMIT  TO  COMMENCE  BUILDING.*  Before  the 
construction  or  alteration  of  a  dwelling,  or  the  alteration 
or  conversion  of  a  building  for  use  as  a  dwelling,  is  com- 
menced, and  before  the  construction  or  alteration  of  any 
building  or  structure  on  the  same  lot2  with  a  dwelling,  the 
owner,  or  his  agent  or  architect  shall  submit  to  the  health 
officer  a  detailed  statement  in  writing,  verified3  by  the 
affidavit  of  the  person  making  the  same,  of  the  specifica- 
tions for  such  dwelling  or  building,  upon  blanks  or  forms 
to  be  furnished  by  such  health  officer,  and  also  full  and 
complete  copies  of  the  plans  of  such  work.  With  such 
statement  there  shall  be  submitted  a  plat  of  the  lot4  show- 
ing the  dimensions  of  the  same,  the  location  of  the  proposed 
building  and  all  other  buildings  on  the  lot.  Such  state- 

221 


A    MODEL    HOUSING    LAW  §  140 

ment  shall  give  in  full  the  name  and  residence,  by  street 
and  number,  of  the  owner5  or  owners  of  such  dwelling  or 
building  and  the  purposes  for  which  such  dwelling  or  build- 
ing will  be  used.  If  such  construction,  alteration  or  con- 
version is  proposed  to  be  made  by  any  other  person  than 
the  owner  of  the  land  in  fee,  such  statement  shall  contain 
the  full  name  and  residence,  by  street  and  number,  not 
only  of  the  owner  of  the  land,  but  of  every  person  interested 
in  such  dwelling,  either  as  owner,  lessee  or  in  any  repre- 
sentative capacity.  Said  affidavit  shall  allege  that  said 
specifications  and  plans  are  true  and  contain  a  correct  de- 
scription of  such  dwelling,  building,  structure,  lot  and 
proposed  work.  The  statements  and  affidavits  herein  pro- 
vided for  may  be  made  by  the  owner,  or  by  the  person  who 
proposes  to  make  the  construction,  alteration  or  conver- 
sion, or  by  his  agent  or  architect.  No  person,  however, 
shall  be  recognized  as  the  agent  of  the  owner,  unless  he 
shall  file  with  the  said  health  officer  a  written  instrument 
signed  by  such  owner  designating  him  as  such  agent.6 
Any  false  swearing7  in  a  material  point  in  any  such  affi- 
davit shall  be  deemed  perjury.  Such  specifications,  plans 
and  statements  shall  be  filed8  in  the  said  health  depart- 
ment and  shall  be  deemed  public  records,  but  no  such 
specifications,  plans  or  statements  shall  be  removed  from 
said  health  department.  The  health  officer  shall  cause  all 
such  plans  and  specifications  to  be  examined.  If  such 
plans  and  specifications  conform  to  the  provisions  of  this 
act,  they  shall  be  approved  by  the  health  officer  and  a 
written  certificate  to  that  effect  shall  be  issued  by  him  to 
the  person  submitting  the  same.  Such  health  officer  may, 
from  time  to  time,  approve  changes  in  any  plans  and 
specifications  previously  approved  by  him,  provided  the 
plans  and  specifications  when  so  changed  shall  be  in  con- 
formity with  law.  The  construction,  alteration  or  con- 
version of  such  dwelling,  building  or  structure,  or  any  part 
thereof,  shall  not  be  commenced  until  the  filing  of  such 
specifications,  plans  and  statements,  and  the  approval 
thereof,  as  above  provided.  The  construction,  alteration 

222 


§  I4O  REQUIREMENTS    AND    REMEDIES 

or  conversion  of  such  dwelling,  building  or  structure  shall 
be  in  accordance  with  such  approved  specifications  and 
plans.  Any  permit  or  approval  which  may  be  issued  by 
the  health  officer  but  under  which  no  work  has  been  done 
above  the  foundation  walls  within  one  year  from  the  time 
of  the  issuance  of  such  permit  or  approval,  shall  expire  by 
limitation.9  Such  health  officer  shall  have  power  to  re- 
voke or  cancel  any  permit  or  approval  in  case  of  any 
failure  or  neglect  to  comply  with  any  of  the  provisions  of 
this  act,  or  in  case  any  false  statement  or  representation  is 
made  in  any  specifications,  plans  or  statements  submitted 
or  filed  for  such  permit  or  approval. 

NOTE  i :    This  section  provides  for  the  procedure  ^ 
with  regard  to  the  filing  of  plans  and  specifications 
with  the  health  officer  before  building  a  new  dwelling, 
or  altering  an  existing  one,  or  converting  some  existing 
building  into  a  dwelling. 

NOTE  2:  It  also  applies  to  the  construction  of  a 
building  other  than  a  dwelling  on  the  same  lot,  so  as 
to  enable  the  health  officials  to  see  that  the  require- 
ments of  the  law  are  observed  and  that  the  necessary 
open  spaces  between  such  buildings  are  maintained. 

NOTE  3:  The  phrase  "verified  by  the  affidavit  of 
the  person  making  the  same"  means  that  the  state- 
ment shall  be  sworn  to  before  a  notary  public  or  a 
commissioner  of  deeds. 

NOTE  4:  The  requirement  that  with  the  statement 
there  shall  be  submitted  a  plat  of  the  lot  showing  its 
dimensions  and  certain  other  facts  is  important.  A 
common  practice  with  unscrupulous  builders  and 
architects  is  to  file  false  dimensions  of  their  lots,  and 
where  the  adjoining  premises  are  not  built  upon  the 
inspector,  when  he  inspects  the  job,  is  often  deceived. 
The  requirement  that  a  plat  of  the  lot  be  filed  will 
avoid  this  and  enables  the  department  to  verify  the 
property  lines  through  the  insurance  maps  or  through 
the  records  of  some  title  company.  It  also  places  the 
department  in  a  much  stronger  position  in  subsequent 
litigation  if  an  attempt  at  deception  is  made. 

NOTE  5 :  The  name  and  address  of  the  owner  and 
other  persons  responsible  are  of  course  essential. 

NOTE  6:    No  person  should  be  permitted  to  file 
223 


A    MODEL    HOUSING    LAW  §  140 

plans  unless  his  authority  so  to  do  is  authorized  in 
writing  by  the  owner.  This  is  an  important  provision. 
Without  it,  it  has  frequently  happened  that  the  archi- 
tect who  has  filed  the  plans  has  made  changes  in  them 
without  authority  from  the  owner  in  order  to  get  the 
plans  approved.  The  owner  has  then  built  the  build- 
ing in  accordance  with  the  original  plans  which  were 
disapproved,  and  when  called  to  account  by  the  de- 
partment has  claimed  that  he  never  knew  that  changes 
had  been  made  and  that  he  did  not  authorize  the 
architect  to  make  them.  Under  these  circumstances 
it  is  difficult  to  hold  anybody  responsible.  The  re- 
quirement mentioned  will  prevent  any  such  evasion. 

NOTE  7:  The  declaration  that  any  false  swearing 
shall  be  deemed  perjury  is  probably  not  of  very  great 
value  in  view  of  the  common  practice  which  prevails 
in  many  of  our  courts  where  day  by  day  witnesses 
perjure  themselves  and  nothing  happens;  but  it  may 
have  the  moral  value  of  frightening  builders  and 
architects  who  would  otherwise  be  inclined  to  resort 
to  questionable  practices. 

NOTE  8:  It  is  necessary  to  provide  that  the  plans 
shall  be  kept  on  file  in  the  office  of  the  health  depart- 
ment because  in  some  cities  the  delightfully  ingenuous 
method  is  practiced  by  which  a  builder  submits  the 
plans  to  the  superintendent  of  buildings,  the  superin- 
tendent of  buildings  approves  them,  then  the  plans 
are  taken  away  and  the  superintendent  of  buildings 
has  no  means  of  knowing  whether  the  building  is 
erected  in  accordance  with  the  plans  or  not.  Build- 
ing inspection  under  these  circumstances  is  farcical, 
but  this  is  the  only  method  that  is  employed  in  a 
number  of  cities.  It  is  obvious  that  the  plans  to  be 
of  value  must  remain  in  the  health  department  at  all 
times.  The  provision  that  the  plans  shall  be  deemed 
public  records  will  enable  the  housing  reformer  when 
he  wishes  to  get  after  the  public  official,  in  case  the 
law  is  not  being  complied  with,  to  get  at  the  records 
and  examine  them.  Without  such  a  clause  the  claim 
might  be  made  by  a  health  officer  who  wished  to 
block  such  an  inquiry  that  he  could  not  permit  exami- 
nation of  the  plans  as  these  were  the  property  of  the 
architect  who  had  filed  them. 

NOTE  9:  It  is  good  practice  to  have  permits  expire 
by  limitation  after  an  interval  of  one  year.  Without 

224 


§  141  REQUIREMENTS    AND    REMEDIES 

this  provision,  the  filing  of  plans  and  the  securing  of 
their  approval  might  give  the  right  to  build  under  the 
same  plans  ten  years  later  although  the  law  might 
have  been  changed  radically  in  the  interval.  This  of 
course  is  not  desirable. 

§  141.  CERTIFICATE  OF  COMPLIANCE. l  No  building  here- 
after  constructed  as  or  altered  into  a  dwelling  shall  be  tjon 
occupied  in  whole  or  in  part  for  human  habitation  until 
the  issuance  of  a  certificate2  by  the  health  officer  that  said 
dwelling  conforms  in  all  respects  to  the  requirements  of 
this  act  relative  to  dwellings  hereafter  erected.  Such 
certificate  shall  be  issued  within  fifteen  days  after  written 
application  therefor  if  said  dwelling  at  the  date  of  such 
application  shall  be  entitled  thereto. 

NOTE  i :  This  is  a  provision  of  much  importance  as 
it  assures  the  building  of  new  houses  in  strict  com- 
pliance with  the  law,  by  preventing  their  occupancy 
without  a  certificate  from  the  health  officer  to  the 
effect  that  the  dwelling  has  been  built  in  accordance 
with  law.  If  the  community  wants  its  buildings  built 
right  this  is  the  way  to  bring  it  about.  No  one  can 
properly  raise  any  objection  to  this  requirement, 
though  the  whole  building  fraternity  in  the  locality 
will  secretly  oppose  it,  as  few  buildings  are  erected  ac- 
cording to  law  at  the  present  time.  No  valid  argu- 
ment can  be  advanced  against  this  section  as  it  is  the 
builder's  business  to  know  what  the  law  is  before  he 
builds  and  to  comply  with  it.  Having  filed  plans  with 
the  health  officer  and  secured  their  approval,  it  is  his 
further  duty  to  build  in  accordance  with  them.  If 
he  wants  to  make  changes  he  should  get  the  consent  of 
the  health  officer  before  such  changes  are  made.  The 
provisions  of  this  section  should  be  strictly  enforced 
and  owners  should  not  be  permitted  to  put  tenants  in 
new  buildings  or  to  occupy  them  themselves  without 
such  a  certificate. 

NOTE  2:  Where  buildings  are  built  on  building 
loans,  as  most  of  them  are  in  our  cities,  efforts  should 
be  made  to  get  the  title  companies,  banks,  insurance 
companies,  lawyers,  and  capitalists  who  make  such 
loans  to  refuse  to  make  the  final  payment  until  the 

is  225 


A    MODEL    HOUSING    LAW  §  142 

builder  can  show  this  final  certificate  from  the  health 
officer.  This  system  has  been  in  practice  in  New 
York  City  since  1901  and  has  brought  about  most 
beneficial  results. 

§  142.  UNLAWFUL  OCCUPATION.  1  If  any  building  here- 
after constructed  as  or  altered  into  a  dwelling  be  occupied 
in  whole  or  in  part  for  human  habitation  in  violation  of 
the  last  section,  during  such  unlawful  occupation  no  rent3 
shall  be  recoverable  by  the  owner  or  lessee  of  such  premises 
for  said  period,  and  no  action  or  special  proceeding  shall 
be  maintained  therefor  or  for  possession  of  said  premises 
for  non-payment  of  such  rent,  and  said  premises  shall  be 
deemed  unfit  for  human  habitation  and  the  health  officer 
may2  cause  them  to  be  vacated  accordingly. 

Explana-  NOTE  i :  This  seemingly  drastic  provision  is  neces- 

tj0^  sary  in  order  to  prevent  the  occupancy  of  new  build- 

ings built  contrary  to  law  and  which  do  not  have  a 
certificate  as  required  in  section  141.  The  health 
officer  should  not  hesitate  to  vacate  buildings  thus 
unlawfully  occupied. 

NOTE  2:  It  is  not  made  mandatory  upon  the  health 
officer  to  vacate  buildings  thus  occupied,  because  it  is 
recognized  that  there  may  be  one  or  two  technical 
violations  of  the  law  which  are  easily  and  quickly 
remedied  and  that  a  mere  service  of  notice  upon  the 
owner  will  bring  about  compliance  without  resorting 
to  the  extreme  remedy  of  vacation.  Where  there 
are  serious  violations,  however,  buildings  should  be 
quickly  vacated.  The  only  satisfactory  thing  is  not 
to  allow  them  to  be  tenanted. 

NOTE  3:  If  objection  is  made  to  the  clause  that  no 
rent  shall  be  recoverable  by  the  owner  and  that  no 
action  for  the  recovery  of  the  premises  or  for  non- 
payment of  rent  may  be  had,  on  the  ground  that  this 
is  too  drastic,  there  is  no  harm  in  permitting  a  con- 
cession in  this  respect.  In  such  case  the  following 
concession  is  suggested.  After  the  words  "unlawful 
occupation"  omit  the  following: 

Concession  CONCESSION  i :  "no  rent  shall  be  recoverable  by  the 
owner  or  lessee  of  such  premises  for  said  period,  and  no 
action  or  special  proceeding  shall  be  maintained  therefor 

226 


§  143  REQUIREMENTS    AND    REMEDIES 

or  for  possession  of  said  premises  for  non-payment  of  such 
rent,  and" 

§  143.  PENALTIES  FOR  VIOLATIONS. 1  Every  person  who 
shall  violate  or  assist  in  the  violation  of  any  provision  of 
this  act  shall  be  guilty  of  a  misdemeanor2  punishable  by 
imprisonment  for  TEN  days  for  each  and  every  day  that 
such  violation  shall  continue,  or  by  a  fine  of  not  less  than 
TEN  dollars  nor  more  than  ONE  HUNDRED  dollars  if 
the  offense  be  not  wilful,  or  of  TWO  HUNDRED  AND 
FIFTY  dollars  if  the  offense  be  wilful,  and  in  every  case 
of  TEN  dollars  for  each  day  after  the  first  that  such  vio- 
lation shall  continue,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court.  The  owner  of  any 
dwelling,  or  of  any  building  or  structure  upon  the  same 
lot  with  a  dwelling,  or  of  the  said  lot,  where  any  violation 
of  this  act  or  a  nuisance  exists,  and  any  person  who  shall 
violate  or  assist  in  violating  any  provision  of  this  act,  or 
any  notice  or  order  of  the  health  officer3  shall  also  jointly 
and  severally  for  each  such  violation  and  each  such  nuis- 
ance be  subject  to  a  civil  penalty  of  FIFTY  dollars.4 
Such  persons  shall  also  be  liable  for  all  costs,  expenses 
and  disbursements5  paid  or  incurred  by  the  health  de- 
partment, by  any  of  the  officers  thereof  or  by  any  agent, 
employee  or  contractor  of  the  same,  in  the  removal  of 
any  such  nuisance  or  violation.  Any  person  who  having 
been  served  with  a  notice  or  order  to  remove  any  such 
nuisance  or  violation  shall  fail  to  comply  with  said  no- 
tice or  order  within  FIVE  days  after  such  service,  or  shall 
continue  to  violate  any  provision  or  requirement  of  this 
act  in  the  respect  named  in  said  notice  or  order,  shall  also 
be  subject  to  a  civil  penalty  of  TWO  HUNDRED  AND 
FIFTY  dollars.  For  the  recovery  of  any  such  penalties, 
costs,  expenses  or  disbursements,  an  action  may  be  brought 
in  any  court  of  civil  jurisdiction.6  In  case  the  notice  re- 
quired by  sections  one  hundred  and  forty-eight  and  one 
hundred  and  forty-nine  of  this  act  is  not  filed,  or  in  case 
the  owner,  lessee  or  other  person  having  control  of  such 

227 


A    MODEL    HOUSING    LAW  §  143 

dwelling  does  not  reside  within  the  state,  or  cannot  after 
diligent  effort  be  served  with  process  therein,  the  existence 
of  a  nuisance  or  of  any  violation  of  this  act,  or  of  any 
violation  of  an  order  or  a  notice  made  by  said  health  offi- 
cer, in  said  dwelling  or  on  the  lot  on  which  it  is  situated, 
shall  subject  said  dwelling  and  lot7  to  a  penalty  of  TWO 
HUNDRED  AND  FIFTY  dollars.  Said  penalty  shall  be 
a  lien8  upon  said  house  and  lot. 

Explana-  NOTE  i :  This  important  section  of  the  law  provides 

for  the  penalties  incurred  by  persons  violating  it.  It 
should  be  noted,  in  the  first  place,  that  every  person 
who  violates  any  provision  of  the  act  is  liable  under  it. 
This  means  not  only  owners,  but  tenants,  also  con- 
tractors, builders,  architects  and  their  assistants  or 
workmen.  It  even  applies  to  public  officials.  If 
the  health  officer  or  superintendent  of  buildings  vio- 
lates it  in  failing  to  enforce  it,  he  is  similarly  liable  for 
these  penalties. 

This  provision  is  one  to  point  out  to  owners  when 
they  make  claim,  as  they  always  do,  that  the  tenant  is 
never  held  responsible  and  that  all  responsibility  is 
placed  upon  the  owner.  This  should  answer  that 
argument. 

NOTE  2:  Two  kinds  of  penalties  are  provided,  crim- 
inal and  civil.  Under  the  criminal  procedure  a  viola- 
tion of  the  act  is  punishable  by  either  imprisonment 
for  ten  days  for  each  day  that  the  violation  continues 
or  by  a  fine  of  not  less  than  $10  or  more  than  $100; 
but  where  the  violation  is  wilful,  the  fine  is  made  $$250, 
or  the  offender  may  be  punished  by  both  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

NOTE  3:  It  should  be  observed  that  the  penalties 
which  attach  to  the  violation  of  this  law  also  attach  to 
the  failure  to  comply  with  any  notice  issued  by  the 
health  officer,  which  is  a  very  distinct  broadening  of 
his  powers.  The  courts,  of  course,  would  hold  that 
this  must  be  construed  as  relating  to  orders  and 
notices  served  in  relation  to  dwellings. 

NOTE  4:  Any  person  violating  the  law  is  also  sub- 
ject to  a  civil  penalty  of  $50  and  to  a  further  civil 
penalty  of  $250  if  he  fails  to  comply  with  a  notice  or 
order  from  the  enforcing  official  within  five  days  after 
service  thereof. 

228 


§  144  REQUIREMENTS   AND    REMEDIES 

NOTE  5 :  Liability  is  also  incurred  for  any  necessary 
disbursements  or  expenses  incurred  by  the  health  de- 
partment in  remedying  unsanitary  conditions.  This 
applies  where  the  health  officer  is  unable  to  get  prompt 
compliance  from  the  owner  and  has  to  remove  the 
violation  himself  through  his  own  employes  or  con- 
tractors, as  is  authorized  in  the  last  part  of  section  144. 

NOTE  6:  An  important  provision  is  the  one  which 
gives  the  department  the  right  to  bring  an  action  in 
any  court  of  civil  jurisdiction.  This  means  that  these 
actions  need  not  be  brought  always  in  the  minor 
courts  where  the  judges  are  often  not  sympathetic  to 
the  enforcement  of  housing  laws. 

NOTE  7:  The  somewhat  novel  procedure  is  adopted 
by  which  where  it  is  difficult  to  find  the  owner,  or  in 
the  case  of  an  absentee  owner,  it  is  possible  to  bring 
proceedings  in  rem,  that  is,  against  the  dwelling  itself, 
following  the  practice  that  prevails  in  the  admiralty 
law. 

NOTE  8:  The  requirement  that  penalties  imposed 
in  such  cases  shall  be  a  lien  on  the  property  is  neces- 
sary, as  otherwise  the  owner  might  transfer  the  prop- 
erty and  thus  escape  the  penalty. 

§  144.  PROCEDURE.1  Except  as  herein  otherwise  speci- 
fied, the  procedure  for  the  prevention  of  violations  of  this 
act  or  for  the  vacation  of  premises  unlawfully  occupied, 
or  for  other  abatement  of  nuisance  in  connection  with  a 
dwelling,  shall  be  as  set  forth  in  charter  and  ordinances. 
In  case  any  dwelling,  building  or  structure  is  constructed, 
altered,  converted  or  maintained  in  violation  of  any  pro- 
vision of  this  act  or  of  any  order  or  notice  of  the  health 
officer,  or  in  case  a  nuisance  exists  in  any  such  dwelling, 
building  or  structure  or  upon  the  lot  on  which  it  is  situated, 
said  health  officer  may  institute  any  Appropriate  action2 
or  proceeding  to  prevent  such  unlawful  construction,  al- 
teration, conversion  or  maintenance,  to  restrain,  correct 
or  abate  such  violation  or  nuisance,  to  prevent  the  occu- 
pation of  said  dwelling,  building  or  structure,  or  to  prevent 
any  illegal  act,  conduct  or  business  in  or  about  such  dwell- 
ing or  lot.  In  any  such  action  or  proceeding  said  health 
officer  may  by  affidavit  setting  forth  the  facts  apply  to 

229 


A    MODEL    HOUSING    LAW  §  144 

the  supreme  court  or  to  any  justice  thereof  for  an  order 
granting  the  relief  for  which  said  action  or  proceeding  is 
brought,  or  for  an  order  enjoining  all  persons  from  doing 
or  permitting  to  be  done  any  work  in  or  about  such  dwell- 
ing, building,  structure  or  lot,  or  from  occupying  or  using 
the  same  for  any  purpose  until  the  entry  of  final  judgment 
or  order.  In  case  any  notice  or  order  issued  by  said  health 
officer  is  not  complied  with,  said  health  officer  may  apply 
to  the  supreme  court3  or  to  any  justice  thereof  for  an 
order  authorizing  him  to  execute  and  carry  out4  the  pro- 
visions of  said  notice  or  order,  to  remove  any  violation 
specified  in  said  notice  or  order,  or  to  abate  any  nuisance 
in  or  about  such  dwelling,  building  or  structure  or  the 
lot  upon  which  it  is  situated.  The  court  or  any  justice 
thereof  is  hereby  authorized  to  make  any  order  specified 
in  this  section.  In  no  case  shall  the  health  department, 
health  officer,  or  any  officer  or  employee  thereof,  or  the 
city,  be  liable5  for  costs  in  any  action  or  proceeding  that 
may  be  commenced  in  pursuance  of  this  act.  The  actions, 
proceedings  and  authority  of  the  health  officer  shall  at 
all  times  be  regarded  as  in  their  nature  judicial,  and  shall 
be  treated  as  prima  facie  just  and  legal.6 

NOTE  1 1  It  is  deliberately  planned  in  this  and  other 

.  .  .  r          •  rr     •     i      •       ^.i      •      r-     i   ^ 

sections  to  give  to  the  enforcing  officials  in  their  fight 
against  unsanitary  conditions  every  weapon  known  to 
modern  or  ancient  warfare.  The  health  officer  should 
be  armed  with  rifle,  shot  gun,  automatic  revolver, 
howitzer,  stiletto,  dirk,  cutlass,  and  poignard.  It  is 
true  that  he  will  seldom  wish  to  use  all  of  these;  cer- 
tainly not  all  at  once;  but  there  are  troublesome  cases 
where  he  may  need  to  use  powers  which  he  would 
ordinarily  not  think  of  using.  One  great  advantage  of 
giving  such  broad  powers  to  the  enforcing  official  is 
that  it  deprives  him  completely  of  the  excuse  that  he 
has  not  sufficient  power  to  enable  him  to  remedy  the 
conditions.  This  is  a  favorite  excuse  of  incompetent 
public  officials  in  all  branches  of  civic  work.  On  the 
other  hand,  housing  reformers  need  have  no  fear  of 
such  powers  being  abused.  The  cases  where  a 
health  officer  has  exceeded  his  powers  are  so  rare  as  to 
230 


§  144  REQUIREMENTS    AND    REMEDIES 

be  negligible.  The  ordinary  health  officer  is  much 
more  likely  to  err  on  the  other  side  and  fail  to  use  his 
powers  because  of  "pressure"  or  opposition  of  in- 
terests affected. 

NOTE  2:  Under  the  provisions  of  this  and  other 
sections  the  health  officer  may  use  any  or  all  of  the 
following  methods  in  trying  to  bring  about  compliance 
with  the  law.  He  may  sue  the  responsible  person  for 
a  penalty  in  a  civil  suit;  he  may  arrest  the  offender 
and  put  him  in  jail;  he  may  stop  the  work  in  the  case 
of  a  new  building,  and  prevent  its  going  on;  he  may 
prevent  the  occupancy  of  a  building  and  keep  it 
vacant  until  such  time  as  the  conditions  complained 
of  are  remedied;  he  can  evict  the  occupants  of  a 
building  where  conditions  are  contrary  to  law  and 
prevent  its  reoccupancy  until  the  conditions  have 
been  cured ;  and  finally,  he  can  hire  workmen  and  go 
in  and  remedy  the  defects  himself,  charging  the  cost 
to  the  owner.  All  of  these  things  a  health  officer 
should  be  given  power  to  do.  No  one  of  them  is  un- 
necessary. For  further  discussion  of  this  subject  see 
Housing  Reform.* 

NOTE  3:  It  should  be  observed  that  under  the  pro- 
visions of  this  section  the  health  officer  is  not  limited 
to  bringing  actions  in  the  minor  courts,  where  fre- 
quently unsatisfactory  results  are  obtained.  In- 
stead if  he  so  desires  he  can  bring  an  action  in  the 
higher  courts. 

NOTE  4:  The  power  to  hire  laborers  and  do  the 
work  himself  is  an  important  one,  especially  in  cases 
where  nuisances  exist  which  are  dangerous  to  the 
community  and  the  owner  refuses  or  neglects  to  com- 
ply with  reasonable  promptness.  This  is  especially 
important  in  the  case  of  a  privy  vault  where  an  entire 
neighborhood  may  be  injured  by  its  presence  or  where 
there  are  accumulations  of  filth  and  garbage  in  back 
yards  and  the  owner  cannot  be  brought  to  remove 
them. 

If  the  health  officer  is  to  do  such  work,  however, 
provision  must  be  made  for  a  contingent  fund  out  of 
which  he  can  pay  the  contractors  as  otherwise  this 
power  will  be  found  of  little  effect.  It  is  not  advised 
that  this  method  be  generally  employed  but  only  in 
emergencies. 

*  Housing  Reform,  pp.   138-144. 
231 


A    MODEL    HOUSING    LAW  §§  145,    146 

NOTE  5:  The  provision  that  the  city  officials  shall 
not  be  liable  for  suits  for  damages  because  of  their 
official  action  is  a  very  proper  one.  Without  this 
provision  it  might  be  easy  for  an  owner  to  scare  a 
timid  health  officer  by  threatening  personal  prosecu- 
tion with  the  result  of  stopping  the  issuance  of  orders 
necessary  for  the  protection  of  the  health  of  the 
community. 

NOTE  6:  The  requirement  that  the  actions,  proceed- 
ings and  authority  of  the  health  officer  shall  be 
deemed  just  and  legal  is  an  important  one  and  saves  a 
great  deal  of  red  tape  in  the  authentication  of  papers 
of  the  health  department.  It  is  proper  that  the  court 
should  enter  upon  the  hearing  of  the  case  with  the 
assumption  that  the  city  officials  are  acting  in  good 
faith.  It  is  not  like  a  case  of  private  litigation. 

§  145.  TENANT'S  RESPONSIBILITY.  If  the  occupant  of  a 
dwelling  shall  fail  to  comply  with  the  provisions  of  this 
act  after  due  and  proper  notice  from  the  health  officer, 
such  failure  to  comply  shall  be  deemed  sufficient  cause  for 
the  summary  eviction  of  such  tenant  by  the  owner  and 
the  cancellation  of  his  lease. 

NOTE:  This  is  an  important  and  necessary  provi- 
sion so  far  as  it  relates  to  conditions  for  which  the  oc- 
cupants of  dwellings  are  responsible  and  over  which 
they  have  control.  This  means  especially  conditions 
of  uncleanliness,  accumulations  of  filth,  and  so  forth. 
It  properly  gives  the  owner  a  club  to  hold  over  the 
delinquent  tenant's  head.  Where  he  fails  to  clean 
up  and  the  owner  evicts  him  and  the  dwelling  becomes 
vacant,  then  of  course  the  duty  of  cleaning  up  rests 
on  the  owner  before  a  new  tenant  is  taken  into  the 
house. 

§  146.  LIENS.  Every  fine  imposed  by  judgment  under 
section  one  hundred  and  forty-three  of  this  act  upon  the 
owner  of  a  dwelling  shall  be  a  lien1  upon  the  real  property 
in  relation  to  which  the  fine  is  imposed  from  the  time  of  the 
filing  of  a  certified  copy  of  said  judgment  in  the  office  of 
the  clerk  of  the  county  in  which  said  dwelling  is  situated, 
subject  only  to  taxes,  assessments  and  water  rates  and  to 

232 


§  147  REQUIREMENTS    AND    REMEDIES 

such  mortgage  and  mechanics'  liens  as  may  exist  thereon 
prior  to  such  filing;  and  it  shall  be  the  duty  of  the  health 
officer  upon  the  entry  of  said  judgment  to  forthwith  file 
the  copy  as  aforesaid,  and  such  copy,  upon  such  filing, 
shall  be  forthwith  indexed  by  the  clerk  in  the  index  of 
mechanics'  liens. 

NOTE  i :  All  penalties  that  may  be  imposed  by  Exp}ana_ 
judgment  are  made  liens  upon  the  property.  This  is 
necessary  as  otherwise  there  would  be  no  way  of  col- 
lecting them,  as  the  owner  could  transfer  the  property 
to  a  dummy.  Judgments  under  such  circumstances 
would  have  no  terror  for  owners  who  refused  to  obey 
the  law,  and  civil  proceedings,  as  well  as  criminal  pro- 
ceedings where  fines  are  imposed,  would  soon  lose 
their  value  as  a  means  of  securing  law  enforcement. 

NOTE  2:  Care  should  be  taken  to  see  that  the 
method  prescribed  here  is  in  harmony  with  the  local 
practice. 

§  147.  Lis  PENDENS.1  In  any  action  or  proceeding  in- 
stituted by  the  health  officer,  the  plaintiff  or  petitioner 
may  file  in  the  county  clerk's  office  of  the  county  where  the 
property  affected  by  such  action  or  proceeding  is  situated, 
a  notice  of  the  pendency  of  such  action  or  proceeding. 
Said  notice  may  be  filed  at  the  time  of  the  commencement 
of  the  action  or  proceeding,  or  at  any  time  afterwards 
before  final  judgment  or  order,  or  at  any  time  after  the 
service  of  any  notice  or  order  issued  by  said  health  officer. 
Such  notice  shall  have  the  same  force  and  effect  as  the 
notice  of  pendency  of  action  provided  for  in  the  code  of 
civil  procedure.  Each  county  clerk  with  whom  such 
notice  is  filed  shall  record  it,  and  shall  index  it  to  the  name 
of  each  person  specified  in  a  direction  subscribed  by  the 
corporation  counsel.  Any  such  notice  may  be  vacated 
upon  the  order  of  a  judge  or  justice  of  the  court  in  which 
such  action  or  proceeding  was  instituted  or  is  pending,  or 
upon  the  consent  in  writing  of  the  corporation  counsel. 
The  clerk  of  the  county  where  such  notice  is  filed  is  hereby 
directed  to  mark  such  notice  and  any  record  or  docket 

233 


A    MODEL    HOUSING    LAW 


§•48 


Explana- 
tion 


Explana- 
tion 


thereof  as  canceled  of  record,  upon  the  presentation  and 
filing  of  such  consent  or  of  a  certified  copy  of  such  order. 

NOTE  i :  The  purpose  of  this  provision  is  to  make 
public  the  fact  that  there  is  litigation  with  regard  to  a 
particular  building  and  that  there  are  violations  of 
law  which  the  city  is  trying  to  have  removed,  and  thus 
prevent  unscrupulous  owners  from  "unloading"  the 
property  upon  innocent  purchasers  who  might  buy 
in  ignorance  of  the  fact  that  there  were  these  existing 
violations.  This  provision  should  be  differentiated 
from  the  ordinary  filing  of  a  Us  pendens  (suit  pending) 
after  the  entry  of  final  judgment,  which  of  course  can 
always  be  done  without  any  special  provision  in  an 
act  of  this  kind.  What  this  section  does  is  to  permit 
the  filing  of  such  notice  at  the  beginning  of  the  action, 
not  waiting  until  after  judgment  has  been  rendered. 
This  enables  the  health  department,  where  they  have 
reason  to  believe  that  the  owner  is  likely  to  evade 
compliance,  to  file  a  Us  pendens  immediately  upon  the 
service  of  its  first  notice. 

NOTE  2:  Care  should  be  taken  to  see  that  the  pro- 
visions of  this  section  harmonize  with  the  local  prac- 
tice. 

§  148.  REGISTRY  OF  OWNER'S  NAME.  Every  owner  of  a 
dwelling  and  every  lessee  of  the  whole  house  or  other  per- 
son having  control  of  a  dwelling,  shall  file  in  the  health  de- 
partment a  notice  containing  his  name  and  address  and 
also  a  description  of  the  property,  by  street  number  or 
otherwise  as  the  case  may  be,  in  such  manner  as  will  en- 
able the  said  department  easily  to  find  the  same;  and  also 
the  number  of  apartments  in  each  house,  the  number  of 
rooms  in  each  apartment  and  the  number  of  families  oc- 
cupying the  apartments. 

NOTE:  This  is  an  important  section  and  is  essential 
to  a  proper  enforcement  of  sanitary  laws.  As  the  re- 
sponsibility for  compliance  rests  in  most  cases  upon  the 
owner,  it  is  of  vital  concern  to  the  health  department 
that  the  name  and  address  of  every  person  responsible 
for  the  maintenance  of  sanitary  conditions  in  the  city 
should  be  quickly  ascertainable.  Unless  this  informa- 
234 


§§  149,  15°        REQUIREMENTS   AND    REMEDIES 

tion  is  kept  on  file  in  the  health  department  much 
time  and  energy  are  wasted  in  a  search  for  the  names 
and  addresses  of  owners.  Years  ago  in  one  of  our 
eastern  cities  in  order  to  meet  this  situation  a  law  was 
passed  requiring  the  posting  of  the  owner's  name  and 
address  in  a  conspicuous  place  inside  of  the  entrance 
door  of  every  tenement  house,  but  this  provision  in 
practice  did  not  work.  It  was  difficult  to  enforce  and 
subjected  owners  to  a  vast  amount  of  solicitation 
from  advertising  agents  and  persons  who  wished  to 
sell  goods  to  them.  It  also  opened  up  possibilities 
of  blackmail  in  connection  with  the  purchase  of 
property.  The  law  was  subsequently  repealed.  The 
provision  found  in  this  code  has  been  found  to  work 
admirably  in  practice.  No  owner  of  property  can 
with  reason  object  to  a  requirement  that  he  shall 
register  his  name  and  address  with  the  public  officials, 
especially  with  the  health  department.  The  health 
department  should  see  that  this  section  is  strictly 
enforced. 

§  149.  REGISTRY  OF  AGENT'S  NAME.  Every  owner,  agent 
or  lessee  of  a  dwelling  may  file  in  the  health  department  a 
notice  containing  the  name  and  address  of  an  agent  of 
such  house,  for  the  purpose  of  receiving  service  of  process, 
and  also  a  description  of  the  property  by  street  number  or 
otherwise  as  the  case  may  be,  in  such  manner  as  will  en- 
able the  health  department  easily  to  find  the  same.  The 
name  of  the  owner  or  lessee  may  be  filed  as  agent  for  this 
purpose. 

NOTE:  This  is  quite  a  different  provision  from  the  -p     i 
one  in  the  preceding  section,  though  it  may  seem  very  ..XI 
similar  at  first  glance.     Instead  of  imposing  a  duty 
upon  the  owner,  this  grants  him  a  privilege  and  enables 
the  owner  of  property  for  his  own  convenience  to  file 
in  the  health  department  the  name  of  a  person  to 
whom  he  wishes  all  departmental  notices  to  be  sent. 

§  150.  SERVICE  OF  NOTICES  AND  ORDERS.  Every  notice 
or  order  in  relation  to  a  dwelling  shall  be  served  FIVE  days 
before  the  time  for  doing  the  thing  in  relation  to  which  it 
shall  have  been  issued.  The  posting  of  a  copy  of  such 

235 


A    MODEL    HOUSING    LAW  §   151 

notice  or  order  in  a  conspicuous  place  in  the  dwelling,  to- 
gether with  the  mailing  of  a  copy  thereof  on  the  same  day 
that  it  is  posted,  to  each  person,  if  any,  whose  name  has 
been  filed  with  the  health  department  in  accordance  with 
the  provisions  of  sections  one  hundred  and  forty-eight 
and  one  hundred  and  forty-nine  of  this  act  at  his  address 
as  therewith  filed,  shall  be  sufficient  service  thereof. 

Explana-  NOTE  :  This  permits  legal  service  by  the  posting  of 

a  copy  of  the  notice  in  the  dwelling  itself  in  addition 
to  mailing  a  copy  to  the  person  whose  name  is  regis- 
tered in  the  health  department,  as  required  by  section 
148.  It  thus  does  away  with  the  delay  and  expense 
that  are  usual  in  cases  where  personal  service  is  re- 
quired. In  view  of  the  fact  that  legal  service  can  be 
made  in  this  way,  an  added  incentive  is  afforded 
owners  to  register  their  names  in  the  department,  as 
otherwise  they  are  likely  to  have  no  copy  of  orders 
served  upon  them  except  by  chance  seeing  a  copy  that 
may  be  posted  on  the  wall  of  the  building  of  which 
they  are  the  owner.  In  such  event  they  have  no  one 
to  blame  but  themselves  and  the  courts  will  hold 
them  liable,  as  if  they  had  been  personally  served. 

§151.  SERVICE  OF  SUMMONS.  In  any  action  brought  by 
the  health  officer  in  relation  to  a  dwelling  for  injunction, 
vacation  of  the  premises  or  abatement  of  nuisance,  or  to 
establish  a  lien  thereon,  it  shall  be  sufficient  service  of 
the  summons  to  serve  the  same  as  notices  and  orders  are 
served  under  the  provisions  of  the  last  section;  provided, 
that  if  the  address  of  any  agent  whose  name  and  address 
have  been  filed  in  accordance  with  the  provisions  of  sec- 
tion one  hundred  and  forty-nine  of  this  act  is  in  the  city  in 
which  the  dwelling  is  situated,  then  a  copy  of  the  summons 
shall  also  be  delivered  at  such  address  to  a  person  of  proper 
age,  if  upon  reasonable  application  admittance  can  be  ob- 
tained and  such  person  found;  and  provided  also,  that 
personal  service  of  the  summons  upon  the  owner  of  such 
dwelling  shall  be  sufficient  service  thereof  upon  him. 

ana-  NOTE:    This  simply  provides  that  the  modes  of 

service  authorized  in  the  preceding  section  for  notices 
236 


§§152,153        REQUIREMENTS    AND    REMEDIES 

and  orders  shall  also  be  legal  for  the  service  of  sum- 
monses. Both  provisions  are  based  upon  the  assump- 
tion that  owners  of  residence  property  are  responsible 
for  the  maintenance  of  their  property  and  that  they 
must  accept  such  responsibility  when  they  purchase 
it  and  that  the  duty  of  living  up  to  that  responsibility 
is  imposed  primarily  upon  them  and  not  upon  the 
public  officials. 

§  152.  INDEXING  NAMES.  The  names  and  addresses  filed 
in  accordance  with  sections  one  hundred  and  forty-eight 
and  one  hundred  and  forty-nine  shall  be  indexed  by  the 
health  officer  in  such  a  manner  that  all  of  those  filed  in 
relation  to  each  dwelling  shall  be  together  and  readily  as- 
certainable.  The  proper  city  authorities  shall  provide  the 
necessary  books  and  clerical  assistance  for  that  purpose 
and  the  expense  thereof  shall  be  paid  by  the  city.  Said 
indexes  shall  be  public  records,  open  to  public  inspection 
during  business  hours. 

NOTE:  This  provision  is  necessary,  otherwise  the  ^  j 
financial  authorities  of  the  city  will  neglect  to  make 
proper  appropriations  for  the  health  department  and 
the  card  records  giving  information  as  to  the  names 
and  addresses  of  owners  will  not  be  kept  up,  the  health 
officer  not  being  provided  with  proper  means  to  do  the 
work. 

§  153.  ENFORCEMENT.1  The  provisions  of  this  act  shall 
be  enforced  in  each  city  by  the  health  officer,2  except  that 
the  superintendent  of  buildings  shall  enforce  sections 
fifty,  fifty-one,  fifty-two,  seventy-nine,  eighty,  one  hundred 
and  twenty-seven,  one  hundred  and  twenty-eight  and  one 
hundred  and  twenty-nine.  An  action  may  also  be  brought 
and  proceedings  taken  for  the  enforcement  of  this  act  by 
any  taxpayer3  of  said  city. 

NOTE  i :    There  will  probably  be  great  difference  ^     , 
of  opinion  in  reference  to  this  section.     The  scheme  VTX* 
outlined  here  with  reference  to  the  enforcement  of 
the  act  contemplates  its  enforcement  in  its  entirety 
(with  the  exception  of  those  provisions  which  relate 
237 


A    MODEL   HOUSING    LAW  §  153 

to  means  of  egress  and  fire-escapes)  by  the  health 
department.  This  is  done  deliberately.  While  very 
plausible  reasons  can  be  advanced  for  a  division  of 
responsibility  between  the  health  officer  and  super- 
intendent of  buildings,  or  similar  official,  such  division 
of  responsibility  does  not  work  out  advantageously 
in  actual  practice.  It  is  claimed,  for  example,  that 
the  superintendent  of  buildings,  whose  duty  it  is  to 
see  that  all  new  structures  and  those  altered  are  built 
in  compliance  with  the  law,  should  enforce  those  pro- 
visions of  this  act  which  deal  with  new  structures  or 
with  alterations,  and  that  the  health  department 
should  confine  itself  to  the  securing  of  sanitary  con- 
ditions in  existing  houses.  From  many  points  of 
view  this  is  logical,  but  it  is  not  desirable.  It  is  quite 
true  that  the  building  officials  concern  themselves 
with  new  buildings  and  with  nothing  else,  as  a  rule. 
It  is  also  true  that  the  health  officials  concern  them- 
selves with  the  maintenance  of  sanitary  conditions  in 
existing  buildings  and  not  with  new  buildings,  but  not- 
withstanding this  fact  it  is  necessary  that  the  health 
officials  of  the  community  should  enforce  all  of  the 
provisions  of  a  housing  law  except  those  which  deal 
with  fire-escapes  and  means  of  egress.  Practically 
all  the  other  provisions,  excepting  the  provisions  of 
Title  3  of  Article  II  entitled  Fire  Protection,  deal 
with  sanitary  conditions;  that  is,  with  making  sure 
that  adequate  light  and  ventilation  are  secured,  that 
rooms  are  large  enough  and  properly  arranged,  and 
that  sanitary  conditions  of  various  kinds  are  main- 
tained. The  health  officials  are  the  only  persons  who 
are  really  competent  to  determine  these  questions. 
There  are,  moreover,  no  practical  difficulties  in  the  way 
of  this  plan  of  enforcement,  so  far  as  this  law  is  con- 
cerned, as  the  law  does  not  concern  itself  with  those 
technical  phases  of  building  construction  which  are 
usually  found  in  building  codes  and  which  it  might  be 
difficult  to  have  an  ordinary  sanitary  inspector  pass 
upon.  A  sanitary  inspector,  however,  is  quite  as  com- 
petent to  measure  a  court  and  determine  whether  it  is  8 
feet  wide  or  not  as  is  a  building  inspector;  he  is  quite 
as  competent  to  measure  a  room  and  see  if  it  con- 
tains 90  square  feet  and  is  9  feet  high  as  is  a  build- 
ing inspector;  and  so  with  the  other  provisions  of  the 


238 


§  154  REQUIREMENTS    AND    REMEDIES 

act  which  deal  with  new  buildings.  It  is  true  that 
the  provisions  of  Title  3  of  Article  II,  dealing  with 
Fire  Protection,  do  more  properly  belong  in  the  build- 
ing department,  but  as  the  health  inspector  has  to 
inspect  the  building  to  see  that  the  other  require- 
ments are  being  complied  with,  it  has  seemed  best 
to  place  the  enforcement  of  all  the  provisions  of  the 
housing  law  in  the  hands  of  the  health  officials,  with 
the  one  exception  of  fire-escapes  and  means  of  egress, 
thus  making  a  clean-cut  division  between  the  duties 
of  these  two  officials.  Under  this  plan  the  superin- 
tendent of  buildings  enforces  the  building  code,  the 
health  officer  enforces  the  housing  law.  The  reasons 
which  lead  to  these  conclusions  will  be  found  fully 
set  forth  in  Housing  Reform.* 

NOTE  2:  In  some  cities  it  may  be  more  appropriate 
to  place  the  responsibility  for  the  enforcement  of  the 
law  upon  the  health  "department"  rather  than  upon 
the  health  officer.  As  a  rule  the  health  officer  is  in 
most  places  the  chief  executive  officer  of  the  health 
department,  but  in  some  cities  this  is  not  the  case 
and  he  occupies  a  more  or  less  subordinate  position. 
The  matter  should  be  adjusted  to  suit  the  local 
conditions. 

NOTE  3:  The  provision  contained  in  the  last 
sentence  of  this  section,  giving  the  right  to  a  taxpayer 
.  to  institute  an  action  for  the  enforcement  of  the  act, 
is  a  very  valuable  provision  and  will  prove  of  great 
service  where  public  officials  are  inclined  to  be  lax 
or  dilatory. 

§  154.  POWERS  CONFERRED.  The  powers  conferred 
by  this  act  upon  the  commissioner  of  public  safety,  the 
health  officer,  city  engineer  and  the  superintendent  of 
buildings  shall  be  in  addition  to  the  powers  already  con- 
ferred upon  said  officers,  and  shall  not  be  construed  as  in 
any  way  limiting  their  powers  except  as  provided  in  sec- 
tion six. 

NOTE:  This  provision  is  necessary  because  in  some 
cities  it  has  been  claimed  that  the  powers  conferred 
by  an  act  of  this  kind  are  in  lieu  of  powers  which 

*  Housing  Reform,  pp.  123-129. 
239 


tion 


A    MODEL    HOUSING    LAW  §§  155,  156 

already  exist  and  therefore  take  away  some  of  the 
existing  powers.  This  of  course  is  undesirable. 

§155.  INSPECTION  OF  DWELLINGS.  The  health  officer 
shall  cause  a  periodic  inspection1  to  be  made  of  every 
multiple-dwelling2  at  least  once  a  year.  Such  inspection 
shall  include  thorough  examination  of  all  parts  of  such 
multiple-dwelling  and  the  premises  connected  therewith. 
The  health  officer  is  also  hereby  empowered  to  make 
similar  inspections  of  all  dwellings  as  frequently  as  may 
be  necessary. 

Exolana  NOTE  i :    This  is  a  vitally  important  section.     It 

makes  mandatory  periodic,  systematic  inspection  of 
all  multiple  dwellings  at  least  once  a  year.  This  is 
the  only  system  of  inspection  worthy  of  the  name. 
The  ideal  requirement  would  be  to  have  such  inspec- 
tion made  every  three  months,  but  this  is  not  feasible 
in  most  cities  as  the  expense  involved  is  too  great. 
Once  a  year,  however,  is  entirely  practicable.  For 
further  discussion  of  this  subject  see  Housing  Re- 
form.* 

NOTE  2:  It  should  be  noted  that  this  requirement 
calling  for  a  mandatory  inspection  once  a  year  is 
limited  to  multiple  dwellings  although  the  health 
officer  is  empowered  to  make  similar  inspections  of 
all  dwellings  as  frequently  as  may  be  necessary. 
Some  ingenious  persons  may  claim  that  the  inspec- 
tion by  health  officers  of  multiple  dwellings  is  limited 
to  once  a  year.  Such  claim  should  not  be  entertained 
for  a  moment,  in  view  of  the  provisions  contained 
in  sections  154  and  156  and  also  the  further  clear 
and  distinct  language  employed  in  section  155.  In 
other  words,  the  health  officer  must  inspect  every 
multiple  dwelling  at  least  once  a  year  and  may  inspect 
it  as  often  as  he  finds  it  necessary  or  desirable. 

§  1 56.  RIGHT  OF  ENTRY.1  The  commissioner  of  public 
safety,  the  health  officer  and  all  inspectors,  officers  and 
employees  of  the  health  department,  and  such  other 
persons2  as  may  be  authorized  by  the  health  officer,  may 

*  Housing  Reform,  pp.  134-137. 
240 


§  156  REQUIREMENTS    AND    REMEDIES 

without  fee  or  hindrance  enter,  examine  and  survey  all 
premises,  grounds,  erections,  structures,  apartments, 
dwellings,  buildings  and  every  part  thereof  in  the  city. 
The  owner  or  his  agent  or  representative  and  the  lessee 
and  occupant3  of  every  dwelling  and  every  person  having 
the  care  and  management  thereof  shall  at  all  reasonable 
times  when  required  by  any  of  such  officers  or  persons  give 
them  free  access  to  such  dwellings  and  premises.  The 
owner  of  a  dwelling  and  his  agents  and  employees  shall 
have  right  of  access4  to  such  dwelling  at  reasonable  times 
for  the  purpose  of  bringing  about  a  compliance  with  the 
provisions  of  this  act  or  any  order  issued  thereunder. 

NOTE    i :    Without   this   definite   grant  of   power 
health  officers  have  often  found  themselves  estopped  ^ 
from  carrying  on  their  work. 

NOTE  2:  It  should  be  noted  that  the  right  to  make 
inspections  is  not  limited  to  the  employes  of  the 
department,  but  is  enjoyed  also  by  "such  other  per- 
sons as  may  be  authorized  by  the  health  officer/' 
This  will  permit  the  inspector  of  a  housing  reform 
association  to  make  inspections  upon  the  authoriza- 
tion of  the  health  officer.  This  is  important,  es- 
pecially in  those  communities  where  it  is  difficult 
to  secure  appropriations  from  the  city  treasury  and 
where  the  health  officer  is  unwilling  to  enter  upon  an 
active  and  comprehensive  scheme  of  inspection  work 
until  its  value  and  necessity  has  been  demonstrated 
to  him.  Under  this  plan  the  private  citizen  can  be 
given  practically  all  of  the  powers  of  a  city  employe, 
so  far  as  inspection  is  concerned. 

NOTE  3 :  The  second  sentence  of  this  section  places 
personal  responsibility  upon  every  agent,  lessee  and 
occupant,  so  that  any  person  interfering  with  the 
free  right  of  entry  of  persons  to  whom  it  is  granted 
would  be  liable  for  the  penalties  which  accrue  under 
this  act. 

NOTE  4:  The  last  sentence  in  this  section  is  made 
necessary  so  as  to  enable  the  owner  to  comply  with 
the  orders  of  the  health  department.  Otherwise  he 
might  claim,  and  justly,  that  the  tenant  has  posses- 
sion of  the  premises  and  that  he  (the  owner)  has  no 
right  to  go  upon  them  and  do  what  the  health  depart- 

16  241 


A    MODEL    HOUSING    LAW  §§  157,  158 

ment  has  ordered  to  be  done.  The  specific  granting 
to  the  owner  of  this  right  makes  impossible  any  such 
situation. 

§  157.  INJUNCTION;  UNDERTAKING.  No  preliminary 
injunction  shall  be  granted  against1  the  health  depart- 
ment or  its  officers  except  by  the  supreme  court  or  a 
justice  thereof  after  service  of  at  least  THREE  days'  no- 
tice, together  with  copies  of  the  papers  upon  which  the 
motion  for  such  injunction  is  to  be  made.  Whenever  such 
department  shall  seek  any  provisional  remedy  or  shall 
prosecute  an  appeal  it  shall  not  be  necessary  before  ob- 
taining or  prosecuting  the  same  to  give  an  undertaking.2 

Explana-  NOTE  i:    In  view  of  the  important  powers  which 

the  health  department  necessarily  exercises  for  the 
preservation  of  the  health  of  the  community,  it  is 
obviously  appropriate  that  a  private  individual, 
owner,  or  occupant  should  not  be  in  a  position  to 
restrain  the  health  department  and  prevent  its  carry- 
ing out  necessary  work  by  any  ex  parte  statement  of 
facts  to  the  court  without  the  health  department 
being  represented.  This  provision  makes  that  situa- 
tion impossible  and  insures  the  health  department's 
receiving  notice  of  any  application  for  an  injunction 
in  which  it  is  sought  to  restrain  the  department  from 
interfering  with  a  building.  This  situation  is  likely 
to  arise  chiefly  in  connection  with  cases  where  the 
health  department  is  seeking  to  stop  the  work  on  a 
new  building  because  of  violation  of  the  law  or  to 
prevent  the  occupancy  of  a  building  for  similar 
reasons  or  to  require  the  vacation  of  a  building  where 
it  is  unfit  for  habitation. 

NOTE  2:  It  is  obvious  that  the  instances  where  the 
health  department  brings  actions  and  takes  appeals 
from  decisions  are  not  in  the  same  category  as  private 
litigation,  and  there  is  no  reason  why  a  responsible 
agent  of  the  city  government  should  be  required  to 
give  a  bond  under  such  circumstances. 

§  158.  LAWS  REPEALED.!  All  statutes  of  the  state  and 
all  local  ordinances  so  far  as  inconsistent  with  the  provi- 
sions of  this  act  are  hereby  repealed.  Wherever  the 

242 


§  158  REQUIREMENTS    AND    REMEDIES 

provisions  of  this  act  are  in  conflict,  either  direct  or  im- 
plied, with  any  provision  of  any  present  or  future2  charter, 
local  regulation  or  ordinance,  except  such  supplementary 
ordinances  as  are  authorized  by  section  six  of  this  act, 
the  provisions  of  this  act  shall  in  all  cases  govern. 

NOTE  i :    Wherever  there  is  in  existence  a  law  or 

...,.,  i     r>      •        i  i    • 

local  ordinance  and  it  is  desired  to  definitely  repeal  it, 
it  should  be  specifically  repealed  in  this  section  by 
inserting  at  the  end  thereof:  "The  provisions  of 
chapter  of  the  laws  of  are  hereby 

repealed,"  as  the  courts  have  in  recent  years  shown  a 
disinclination  to  sustain  what  is  known  as  the  "  gene- 
ral repealer/'  Where,  however,  there  is  no  specific 
ordinance  dealing  with  the  subject  matter  of  this 
housing  act,  or  any  similar  state  law,  but  where  there 
are  provisions  scattered  through  building  codes, 
sanitary  codes,  and  plumbing  codes,  applicable  not 
only  to  dwellings  but  to  all  kinds  of  buildings,  as  is 
the  usual  case,  there  is  no  way  other  than  that  em- 
bodied in  this  section  of  repealing  such  provisions. 
NOTE  2:  Exception  may  readily  be  taken  to  the 
phrase  which  refers  to  "any  present  or  future  charter, 
local  regulation  or  ordinance/'  The  wording  of  this 
provision  should  be  observed  with  the  greatest  care. 
This  is  not  an  attempt,  as  might  appear  at  first  read- 
ing, to  prevent  a  future  legislature  from  enacting 
laws  in  conflict  with  or  directly  repealing  the  provi- 
sions of  this  act.  No  such  plan  could  of  course  suc- 
ceed, as  it  would  be  unconstitutional.  One  legisla- 
ture cannot  bind  a  future  legislature.  All  that  is 
attempted  here  is  to  indicate  the  intent  of  the  legisla- 
ture and  to  provide  for  a  situation  which  may  easily 
arise  wherein  the  provisions  of  some  future  local 
charter  affecting  the  city  in  question,  or  similarly, 
of  some  local  ordinance  or  regulation,  may  be  in 
conflict  with  the  provisions  of  this  law.  The  effect 
of  this  section,  therefore,  would  be  to  show  that  the 
legislature  intended  that  this  law  should  govern. 
If  this  were  not  the  intention  of  the  legislature,  so 
long  as  this  provision  of  law  is  contained  in  this  code, 
it  would  be  necessary  for  the  legislature  to  specifically 
repeal  or  modify  it.  In  other  words,  this  section 
would  make  impossible  the  repeal  by  implication  of 
243 


A    MODEL    HOUSING    LAW  §  159 

important  provisions  of  this  code  because  they  might 
be  in  conflict  with  some  future  local  charter  or  ordi- 
nance. 

§  159.  WHEN  TO  TAKE   EFFECT.     This  act  shall  take 
effect  immediately.1 

Explana-  NOTE  i :  The  desirable  thing  is  to  have  the  act  take 

effect  immediately,  but  this  cannot  always  be  done 
as  there  will  be  numerous  building  operations  in 
contemplation,  for  many  of  which  contracts  may  have 
been  made  but  for  which  plans  had  not  up  to  the  time 
of  the  passage  of  the  act  been  filed  and  approved  by 
the  local  authorities.  One  is  here  on  the  horns  of  a 
dilemma.  If  the  act  does  not  take  effect  promptly, 
builders  and  contractors  who  wish  to  secure  the 
benefits  of  building  under  the  more  liberal  provisions 
of  existing  law,  will  file  plans  in  large  quantities  for 
most  of  the  lots  in  the  city,  in  order  to  anticipate  the 
new  law,  and  people  will  thus  be  permitted  to  build 
dwellings  under  the  provisions  of  the  old  one  for  many 
years  to  come.  If  the  law  has  had  wide  publicity 
before  its  enactment,  there  will  be  no  real  hardship 
in  making  the  act  take  effect  immediately,  as  archi- 
tects, owners,  and  builders  will  have  had  ample  notice 
of  it  in  connection  with  the  discussion  arising  during 
its  passage  through  the  legislature;  but  where  such 
free  public  discussion  has  not  been  had,  it  will  hardly 
be  practicable  in  many  instances  to  make  the  act 
take  effect  immediately.  These  considerations  apply, 
of  course,  only  to  those  provisions  of  the  act  which 
deal  with  new  buildings  and  not  in  any  sense  to  any 
of  the  other  provisions  of  the  act.  Except  with  re- 
gard to  new  buildings,  the  act  should  take  effect 
immediately  in  every  case.  If  because  of  the  reasons 
stated  it  seems  wise  to  meet  the  views  of  owners, 
architects  and  builders,  and  permit  the  filing  of  a 
reasonable  number  of  plans  for  the  dwellings  con- 
templated under  the  provisions  of  the  old  law,  the 
following  concession  is  suggested.  At  the  end  of 
this  section  strike  out  the  period  and  insert  a  comma 
and  add  the  following: 

Concession         CONCESSION  i:  "  except  that  Articles  II  and  III  thereof 
relative  to  'Dwellings  Hereafter  Erected/  and  to  'Altera- 

244 


§  159  REQUIREMENTS    AND    REMEDIES 

tions,'  shall  take  effect  thirty  days2  after  its  signature  by 
the  governor.  Dwellings  may  be  hereafter  erected  or 
altered  under  the  laws  and  ordinances  in  force  and  effect 
on  the  day  this  act  was  passed  by  the  legislature,  pro- 
vided the  plans  for  such  dwellings  shall  have  been  filed 
in  the  office  of  the  superintendent  of  buildings  and  shall 
have  been  approved  in  writing  by  him  within  thirty  days 
after  this  act  is  signed  by  the  governor;  such  plans  shall 
be  bona  fide  plans  suited  to  the  lots  for  which  they  are  filed, 
shall  show  the  interior  arrangement  and  grouping  of  the 
rooms  in  the  proposed  dwelling,  and  the  arrangement  of 
yards  and  courts.  The  right  to  build  under  the  said  laws 
and  ordinances  shall  cease  and  terminate  in  the  case  of 
any  dwelling  that  has  not  progressed  beyond  the  second 
tier  of  beams3  within  one  year  from  the  said  date/' 

NOTE  2:   Under  this  concession  thirty  days'  time  T™     jana_ 
is  allowed  owners,   builders,   and  architects  to  file  ,  •  ^ ' 
plans  under  the  old  law;    that  is,  thirty  days  after 
the  governor  has  signed  the  act.     In  many  states  the 
governor  is  allowed  a  thirty-day  period  in  which  to 
sign  bills;    in  some  only  ten.     In  the  former  case, 
owners  and  builders  may  thus  be  afforded  iwo  months' 
time  in  which  to  adjust  themselves  to  the  changed 
conditions.     In  any  event  they  will  be  afforded  nearly 
forty  days'  time,  which  should  prove  ample. 

NOTE  3:  In  order  that  the  life  of  the  plans  thus 
filed  may  not  be  indefinitely  extended,  the  require- 
ment is  added  that  the  building  in  question  must 
have  progressed  beyond  the  second  tier  of  beams 
within  one  year  after  the  act  takes  effect.  This  will 
not  be  deemed  an  unreasonable  provision,  as  after 
the  plans  are  filed  all  bona  fide  operations  should 
easily  get  that  far  within  the  time  specified. 


245 


WHAT  KIND  OF  HOUSES  CAN  BE  BUILT  UNDER 
THE  MODEL  LAW? 


WHAT  KIND  OF  HOUSES  CAN  BE  BUILT  UNDER  THE 

MODEL  LAW? 

THE  first  question  which  will  be  asked  in  every  community 
where  a  new  housing  law  is  proposed  is  "  What  effect  will 
this  law  have  on  building  operations?"  Is  it  possible  to 
build  under  the  more  rigorous  requirements  of  such  an  act  houses 
which  will  be  commercially  profitable  and  yet  at  the  same  time 
be  the  kind  of  house  that  the  public  demands? 

The  first  impression  which  interests  adversely  affected  will 
seek  to  convey  is  that  the  law  is  impracticable  and  that  it  will  stop 
building  operations  in  that  city,  that  the  cost  of  building  will  be 
greatly  increased  thereby,  and  that  people  will  not  be  able  to 
afford  the  kind  of  house  which  the  law  calls  for. 

Great  emphasis  will  undoubtedly  be  laid  upon  the  fact  that 
the  requirements  of  the  law  are  so  much  more  stringent  as  to  the 
open  spaces  that  have  to  be  left  and  the  restrictions  placed  upon 
the  percentage  of  lot  that  may  be  occupied,  the  larger  yards  re- 
quired and  the  more  ample  courts,  that  it  will  not  be  possible  to 
construct  under  such  a  law  buildings  which  will  be  commercially 
profitable. 

It  is  vitally  important,  therefore,  that  the  housing  reformer 
should  know  at  once  whether  these  claims  are  sound  or  not.  He 
must  be  in  a  position  to  show  to  the  community  that  they  have  no 
basis  in  fact  and  that  it  will  be  possible  to  build  under  the  require- 
ments of  the  new  law  houses  of  all  kinds  which  will  be  commercially 
profitable  and  at  the  same  time  will  not  involve  any  material  in- 
crease in  rents  or  in  cost  of  construction. 

Is  it  possible  to  show  this,  and  how  best  can  this  be  demon- 
strated? 

The  most  practicable  way  to  demonstrate  it  is  to  draw  plans 
showing  the  various  kinds  of  buildings  that  can  be  built  on  different 

249 


A    MODEL    HOUSING    LAW 

sized  lots.  It  should  be  borne  in  mind  that  this  should  be  dem- 
onstrated with  regard  to  two  main  groups  of  houses,  (I)  the  de- 
tached house  and  (II)  houses  built  in  continuous  rows  or  "ter- 
races." 

The  conditions  which  relate  to  the  two  classes  are  naturally 
very  different  and  the  types  of  plans  that  can  be  evolved  will  differ 
similarly. 

Under  each  one  of  these  classes  it  is  necessary  to  consider 
also  what  is  possible  in  the  way  of  development  in  each  kind  of 
building;  namely,  the  private  dwelling,  the  two-family  house,  and 
the  multiple  dwelling;  that  is,  the  tenement  house,  the  flat  and  the 
apartment  house.  It  is  also  necessary  to  know  what  developments 
are  possible  in  all  these  classes  of  buildings,  of  both  groups,  on  lots 
of  different  width;  namely,  on  lots  40  feet  wide,  and  on  lots  50 
feet  wide,  as  well  as  on  lots  25  feet  or  less  in  width.  We  should 
also  know  what  is  possible  on  lots  of  varying  depth.  What  may 
be  possible  on  a  lot  1 50  feet  deep  may  not  be  practicable  on  a  lot 
but  60  feet  in  depth,  so  one  should  be  in  a  position  to  show  what  can 
be  done  on  property  60  feet,  100  feet  and  even  150  and  200  feet 
deep. 

The  author  has  attempted  to  meet  all  these  questions  and  to 
show  in  the  form  of  outline  plans  illustrating  the  style  of  house  and 
its  "disposition"  on  the  lot,  the  various  things  that  can  be  done 
in  all  of  these  various  circumstances.  It  should  be  clearly  borne 
in  mind  that  the  plans  thus  outlined  in  no  sense  represent  the  only 
disposition  that  can  be  had,  but  merely  one  method  of  treatment. 
There  are  many  other  alternatives. 

No  attempt  has  been  made  to  show  the  interior  arrangement 
of  the  rooms  in  the  house.  With  a  building  of  a  certain  width  and 
length  it  is  easy  for  any  architect,  or  in  fact  for  those  who  are  not 
architects,  to  adapt  the  customary  plan  in  each  community  to 
such  an  outline. 

Take,  for  example,  Figure  50  showing  a  detached  house  on 
a  lot  40  feet  wide  and  100  feet  deep.  Under  the  requirements 
of  this  law  this  house  can  be  built  in  the  center  of  the  plot  and  can 
be  30  feet  wide  by  80  feet  deep,  with  a  side  yard  5  feet  wide  on 
each  side  of  it.  It  is  obvious  at  a  glance  that  it  is  possible  for  the 
architect  to  get  in  a  building  of  such  size  any  disposition  or  ar- 

250 


HOUSES    BUILT    UNDER   MODEL    LAW 


rangement  of  the  interior  that  may  be  desired  either  for  a  million- 
aire's mansion,  a  two-family  house,  the  humble  cottage  of  the 
workingman,  a  cheap  tenement  with  several  families  on  a  floor, 
or  a  high-grade  apartment  house. 

As  an  aid  to  a  quick  understanding  of  the  various  provisions 
which  control  the  type  of  house  that  may  be  built,  the  following 
summary  table  showing  the  different  points  that  must  be  observed 
is  submitted,  as  this  matter  must  be  considered  in  connection  with 
the  provisions  with  reference  to  percentage  of  lot  occupied,  size 
of  rear  yards,  size  of  side  yards,  size  of  courts,  and  distance  be- 
tween buildings  where  there  is  more  than  one  building  on  a  lot. 
All  of  these  requirements  except  those  relating  to  percentage  of 
lot  vary  with  the  height  of  the  building,  and  two  of  them/namely, 
the  sizes  of  rear  yards  and  the  percentage  of  lot  requirements, 
vary  also  according  to  the  depth  of  the  lot. 

SUMMARY   TABLE    SHOWING   OPEN    SPACE    REQUIREMENTS 


DIS- 

YARDS 

TANCE 

HEIGHT  OF 
BUILDING 

SIDE 
YARDS 
WIDTH 

COURTS 
WIDTH 

BE- 
TWEEN 
TWO 

BUILD- 

HEIGHT or 
BUILDING 

DEPTH  OF  LOT 

(UP 
TO) 

(60- 
105) 

(105- 
155) 

(155- 
205) 

INGS 

60  FT. 

IOO  FT. 

I  50  FT. 

200  FT. 

i  -story 

4ft 

6ft. 

20  ft. 

i  -story 

is  ft. 

I  5  ft. 

222  ft. 

30  ft. 

2-story 

5ft. 

7  ft. 

20  ft. 

2-story 

I  5  ft. 

20  ft. 

30    ft. 

40  ft. 

3-story 

6ft. 

8ft. 

30  ft. 

3-story 

I  5  ft. 

25ft. 

372  ft- 

50  ft. 

4-story 

yft. 

9ft. 

35ft. 

4-story 

l8ft. 

30  ft. 

45   ft. 

60  ft. 

5-story 

9  ft. 

ii  ft. 

40  ft. 

5-story 

21  ft. 

35ft! 

522  ft. 

70  ft. 

6-story 

ii  ft. 

1  3  ft. 

45ft. 

6-story 

24  ft. 

40  ft. 

60  ft. 

Soft. 

etc. 

etc. 

PERCENTAGE  OF  LOT — INTERIOR  LOTS 
DEPTH  OF  LOT  PERCENTAGE  OF  LOT 

Up  to  60  ft 70% 

60-105  ft 65% 

105-155  ft 55% 

1 55-205  ft 50% 

Over  205  ft.        . 40% 

Let  us  consider  first  the  detached  type  of  house.     In  many 
cities  the  general  custom  is  to  place  such  a  building  in  the  center 

251 


A    MODEL    HOUSING    LAW 

of  the  plot  and  leave  a  side  yard  on  each  side  of  it.  The  builder 
of  the  neighboring  house,  as  a  rule,  adopts  a  similar  practice  so 
that  each  person  has  the  advantage  of  the  spaces  thus  joined  to- 
gether, making  the  distance  between  the  houses  twice  as  much 
as  it  would  ordinarily  otherwise  be.  Figures  49-55  (pages  262- 
268)  show  the  various  methods  of  treatment  possible  in  the 
case  of  private  dwellings  or  two-family  dwellings  not  exceeding 
two  stories  and  attic  in  height.  For  such  buildings  under  the 
provisions  of  this  law  a  side  yard  not  less  than  5  feet  in  width 
would  have  to  be  left  on  either  side  of  the  building.  With  a  lot 
40  feet  wide  and  a  side  yard  5  feet  wide  on  each  side  of  it,  it  is 
possible  to  build  the  house  30  feet  in  width.  This  gives  an  ample 
house  for  all  kinds  of  buildings.  It  is  sufficiently  wide  for  the 
mansion  of  the  well-to-do  citizen,  it  is  sufficiently  wide  for  a  two- 
family  dwelling,  one  family  upstairs  and  one  down,  and  it  is  suf- 
ficiently wide  for  a  high-class  apartment  house  or  a  cheap  tene- 
ment, though  of  course  a  larger  lot,  especially  one  50  feet  in  width, 
will  afford  a  much  better  treatment  and  prove  more  satisfactory. 
In  laying  out  property  divisions  in  new  portions  of  a  city  it  would 
be  far  better  to  make  the  lot  units  50  feet  in  width,  especially  in 
high-class  residence  districts,  but  lots  40  feet  in  width  will  give 
very  satisfactory  results. 

No  attempt  has  been  made  to  show  the  treatment  possible 
on  lots  50  feet  in  width,  as  it  is  at  once  obvious  that  all  the  things 
that  are  possible  on  the  4O-foot  lot  are  possible  in  this  case  as  well, 
only  the  owner  has  10  extra  feet  in  width  to  dispose  of  which  he 
can  either  use  in  making  his  building  40  feet  wide  instead  of  30 
feet,  or  can  enlarge  his  side  yards,  as  he  pleases.  So  far  as  the 
law  is  concerned,  the  conditions  which  govern  would  make  no 
change  in  the  disposition  of  a  lot  of  this  greater  width.  The  plans, 
therefore,  which  are  submitted  for  the  4O-foot  lot  should  be  deemed 
to  apply  equally  to  the  5o-foot  lot. 

Seven  different  treatments  are  offered  for  consideration.  It 
is  shown  first  (Figure  49)  what  is  possible  on  a  lot  of  very  narrow 
depth,  say  even  not  more  than  60  feet  in  depth.  There  are  such 
lots  in  many  cities,  "tail-enders"  as  they  are  called.  Even  with 
this  small  plot  it  is  possible  to  build  an  excellent  type  of  house; 
namely,  a  house  30  feet  by  45  feet,  built  up  to  the  line  in  front, 

252 


HOUSES    BUILT    UNDER   MODEL    LAW 

with  a  side  yard  on  either  side  and  with  a  rear  yard  1 5  feet  in  depth, 
the  minimum  required  by  the  law.  A  building  30  feet  by  45  feet 
will  give  a  very  attractive  house  in  the  case  of  both  a  private  dwell- 
ing and  a  two-family  house  and  it  will  be  even  possible  to  build  a 
satisfactory  tenement  house  on  this  plot. 

When  we  take  the  ordinary  type  of  lot  which  prevails  in  most 
cities,  the  lot  100  feet  in  depth,  it  is  at  once  seen  how  easy  it  is  to 
develop  such  property  advantageously.  Here  two  alternatives 
are  presented.  In  the  first  case  (Figure  50)  but  one  building  is 
shown  on  the  plot.  Under  this  disposition  it  would  be  possible 
to  build  a  house  30  feet  wide  and  80  feet  deep  with  a  back  yard  20 
feet  in  depth,  the  minimum  required  by  law,  and  with  a  side  yard 
on  each  side  of  the  house  5  feet  in  width.  Few  people  would  wish 
to  build  a  private  dwelling  80  feet  deep.  There  would  also  be 
few  cases  where  it  would  be  desired  to  build  even  a  two-family 
dwelling  that  depth,  though  it  might  be  advantageous  in  building 
an  apartment  house  or  tenement  house  to  utilize  this  larger  space. 
The  disposition  which  would  be  had  most  generally  would  be  that 
shown  in  Figure  5 1 ,  where  a  garage  is  placed  on  the  rear  of  the 
lot.  Here,  as  will  be  seen,  it  is  possible  to  have  the  house  30  feet 
by  55  feet,  to  have  a  rear  yard  20  feet  in  depth,  the  minimum  re- 
quired by  the  law,  and  then  at  the  rear  a  garage  25  feet  by  30  feet, 
leaving  a  space  of  10  feet  on  one  side  of  the  garage,  at  the  rear,  for 
a  driveway  if  that  is  desired. 

An  alternative  to  this  plan  not  shown  in  any  of  the  diagrams 
would  be  in  cases  where  no  garage  is  desired  and  where  a  front  yard 
is  desired,  to  set  back  the  house,  leaving  a  front  yard  25  feet  in 
depth  and  the  full  width  of  the  plot.  Under  this  arrangement  we 
should  have  a  house  as  in  Figure  51,  30  by  55  feet,  a  front  yard  25 
by  40  feet,  a  rear  yard  20  by  40  feet  and  two  side  yards  each  5  feet 
in  width  and  extending  along  the  entire  depth  of  the  house.  This 
would  give  a  very  desirable  house  both  in  the  case  of  a  private 
dwelling  and  a  two-family  dwelling. 

When  we  come  to  lots  of  greater  depth,  namely,  the  lot  1 50 
feet  deep,  it  is  at  once  obvious  that  even  more  advantageous  treat- 
ment from  the  point  of  view  of  the  use  of  the  property  is  afforded. 
Figure  52  shows  that  with  such  a  lot  it  is  possible  to  build  a  house 
30  feet  by  85  feet  in  depth,  to  have  a  garage  at  the  rear  25  feet  by 

253 


A    MODEL    HOUSING    LAW 

30  feet  in  size  and  to  have  a  4o-foot  yard  between  them.  Or  in- 
stead of  this,  the  depth  of  the  house  can  be  cut  down  if  it  is  desired 
to  have  a  front  yard  and  the  building  set  back  from  the  street  25 
feet  or  whatever  amount  is  desired  (as  shown  in  Figure  53)  and 
the  house  reduced  to  60  feet  in  depth,  which  would  be  a  deeper 
house  than  would  naturally  be  desired  either  for  a  private  dwelling 
or  two-family  house. 

Similarly  with  regard  to  lots  200  feet  deep.  Figure  54 
shows  that  with  such  a  lot  we  could  build  our  house  30  feet  by  108 
feet,  have  a  garage  at  the  rear,  and  leave  a  6y-foot  yard  between 
the  two,  a  yard  27  feet  more  than  the  law  would  require.  Or  in- 
stead of  this,  a  front  yard  could  be  left  in  front,  say  30  feet  in 
depth,  the  house  be  made  30  feet  by  95  feet,  the  garage  25  feet 
by  30  feet,  with  a  yard  50  feet  deep  between  the  house  and  garage 
(Figure  55). 

It  is  evident  from  a  study  of  these  plans  that  there  is  not  the 
slightest  difficulty  from  any  point  of  view,  under  the  provisions  of 
the  Model  Law,  in  developing  a  plot  40  feet  in  width  with  a  de- 
tached house  which  will  be  commercially  profitable  and  at  the 
same  time  in  accordance  with  the  desires  of  the  people  who  are  to 
live  in  it  and  with  the  habits  of  the  community. 

This  is  true  so  far  as  the  two-story  and  attic  building  is  con- 
cerned and  applies  to  all  classes  of  buildings,  the  private  dwelling, 
the  two-family  dwelling,  and  to  the  multiple  dwelling;  namely, 
the  tenement  house,  the  flat,  and  the  apartment  house. 

But,  it  may  be  asked,  although  this  can  be  done  with  a 
building  two  stories  and  attic  in  height,  is  it  feasible  with  the  three- 
story  and  attic  building,  the  type  which  is  more  common  in  many 
of  our  cities?  The  answer  is  unquestionably,  Yes.  The  following 
seven  diagrams  (Figures  56-62)  show  that  even  in  this  case  it  is 
easily  practicable  to  build  every  class  of  house  desired  on  a  lot  unit 
of  40  feet  in  width,  on  lots  of  varying  depth,  namely,  60  feet,  100 
feet,  1 50  feet,  and  200  feet,  and  have  the  buildings  three  stories 
and  attic  in  height.  The  types  of  houses  that  can  be  built  are 
practically  identical  with  the  houses  that  are  possible  in  the  plans 
which  have  been  presented  in  the  case  of  the  two-story  and 
attic  house  (Figures  49-55).  The  only  difference  is  that  in  this 
case  the  side  yards  must  be  6  feet  wide  instead  of  5  feet  wide. 

254 


HOUSES    BUILT   UNDER   MODEL    LAW 

This  means  that  the  house  can  be  but  28  feet  in  width  instead  of 
30  feet.  This  is  not  at  all  too  narrow  to  give  satisfactory  results 
even  in  the  case  of  a  private  dwelling  or  two-family  house  or  even 
a  multiple  dwelling. 

Taking  up  these  plans  in  detail  and  commenting  briefly  on 
them  we  find  the  following  possibilities  for  the  three-story  and 
attic  house  on  the  4O-foot  lot. 

On  a  6o-foot  lot  we  may  have  a  house  28  feet  by  45  feet  with 
a  back  yard  15  feet  deep  (Figure  56);  on  a  lot  100  feet  deep  we 
may  have  a  house  28  feet  by  75  feet  with  a  back  yard  25  feet  in 
depth,  the  minimum  (Figure  57) ;  or  if  we  do  not  desire  a  house 
as  deep  as  this,  as  this  is  deeper  than  would  be  generally  desired 
in  the  case  of  private  dwellings  and  two-family  houses  at  all  events, 
it  would  be  possible  to  have  a  garage  at  the  rear  of  the  lot  25  feet 
by  30  feet  and  to  have  our  house  28  feet  by  50  feet,  with  a  25-foot 
yard  between  them,  the  minimum  depth  (Figure  58);  or  if  no 
garage  is  desired  and  it  is  wished  to  set  back  the  house  from  the 
building  line  and  have  a  front  yard,  it  would  be  possible  to  have  a 
front  yard  25  feet  by  40  feet,  a  house  28  feet  by  50  feet,  and  a  back 
yard  of  25  feet.  On  lots  1 50  feet  deep  it  is  possible  to  have  a  house 
28  feet  by  85  feet,  with  a  garage  25  feet  by  30  feet  at  the  rear  and  a 
40-foot  yard  between  the  two,  slightly  more  than  the  minimum 
(Figure  59);  or  if  a  house  of  this  great  depth  is  not  desired,  it  is 
possible  to  set  back  the  house  from  the  building  line  25  feet,  have 
a  front  yard  of  that  depth,  a  building  28  feet  by  60  feet,  a  garage 
at  the  rear  25  feet  by  30  feet,  and  a  4O-foot  yard  between  the  two 
buildings  (Figure  60).  With  a  lot  200  feet  in  depth  we  may  obtain 
a  house  28  feet  by  1 16  feet,  a  garage  at  the  rear  25  feet  by  30  feet, 
with  a  59-foot  yard  between  the  two,  9  feet  more  than  the  minimum 
(Figure  61).  There  is  probably  no  instance  where  anyone  would 
desire  a  house  of  this  excessive  depth,  not  even  in  the  case  of 
apartment  houses  or  tenement  houses,  and  the  more  usual  treat- 
ment would  be  to  have  a  large  front  yard  instead  of  extending 
the  building  back  so  far  upon  the  lot.  Under  such  a  treatment 
we  could  have  a  front  yard  30  feet  by  40  feet,  a  house  28  feet  by 
95  feet,  a  garage  at  the  rear  25  feet  by  30  feet,  and  a  rear  yard 
between  the  two  of  50  feet,  the  minimum  (Figure  62). 

It  is  obvious  from  a  consideration  of  these  plans  that  in  the 

255 


A    MODEL   HOUSING    LAW 

case  of  the  three-story  and  attic  detached  house  on  a  4O-foot  lot, 
no  matter  what  the  depth  of  the  lot  may  be,  there  is  not  the 
slightest  difficulty  in  building  a  house  that  will  be  a  commercial 
success  and  the  kind  of  house  that  the  people  want. 

If  these  results  affording  the  most  generous  use  of  space 
from  the  point  of  view  of  the  builder  and  owner  are  feasible  on  lots 
40  feet  in  width,  it  is  obvious  at  once  that  with  a  larger  lot  unit, 
that  is,  50  feet  or  more,  it  will  be  possible  to  obtain  even  more 
satisfactory  results.  No  attempt  has  been  made  to  show  what 
would  be  possible  with  houses  that  are  intended  to  be  four 
stories  in  height.  A  four-story  private  dwelling  is  seldom  built 
and  should  be  discouraged.  A  four-story  two-family  dwelling  is 
unknown.  When  it  comes  to  apartment  houses  and  tenement 
houses  the  four-story  house  will  appear  more  frequently.  The 
same  method  of  treatment  is  possible  with  the  four-story  house, 
except  that  the  side  yards  would  have  to  be  7  feet  wide  instead  of 
6  feet  and  the  yards  would  have  to  be  of  a  greater  depth,  depending 
upon  the  depth  of  the  lot  as  well  as  upon  the  height  of  the  building. 

What  has  been  said  shows  conclusively  that  the  law  will 
work  in  practice  on  lots  40  feet  or  more  in  width,  but  it  may  be 
asked  "  What  is  to  be  done  with  the  small  lot — lots  but  30  or  25 
feet  wide?"  Is  it  possible  to  build  houses  on  such  lots  that  will 
be  commercially  successful  and  yet  will  comply  with  the  law? 

Here  the  answer  is  not  so  easy.  It  must  be  frankly  ad- 
mitted that  it  is  not  possible  on  a  25-foot  lot  to  place  a  detached 
house  in  the  center  of  the  plot  and  leave  an  adequate  side  yard  on 
each  side  of  it.  In  the  case  of  a  two-story  building  each  side  yard 
would  have  to  be  5  feet  wide.  This  would  leave  but  1 5  feet  for  the 
house,  which  would  not  be  wide  enough,  except  in  the  case  of 
workingmen's  houses  of  a  particular  type. 

Similarly  with  three-story  buildings,  each  side  yard  would 
have  to  be  6  feet  wide,  leaving  but  1 3  feet  for  the  building.  One 
could  not  build  a  building  1 3  feet  wide  that  would  be  practicable, 
though  it  is  true  there  are  hundreds  of  thousands  of  buildings  in 
the  city  of  Philadelphia  which  do  not  exceed  15  feet  in  width. 

We  must  however  at  once  dismiss  as  impracticable  the  idea 
of  building  houses  13  and  14  feet  wide.  The  people  of  most  cities 
would  so  consider  it. 

256 


HOUSES    BUILT   UNDER   MODEL    LAW 

Does  this  mean,  therefore,  that  it  will  not  be  possible  to 
build  on  such  a  plot  a  house  that  will  be  commercially  profitable 
and  at  the  same  time  meet  the  desires  of  the  people? 

There  is  no  doubt  that  a  house  of  this  kind  can  be  built, 
but  it  will  involve  some  changes  in  the  habits  of  the  people  in  a 
number  of  cities.  In  many  cities  it  is  the  habit  to  build  the  houses 
in  the  middle  of  the  lot,  devoting  the  space  that  is  left  on  either 
side  to  use  as  a  side  yard.  In  some  cities  this  is  not  the  custom 
but  instead  the  custom  is  to  build  one  side  of  the  house  up  to  the 
lot  line  and  to  leave  the  space  that  is  left  for  side  yards  entirely  on 
the  other  side.  Where  this  is  done  and  houses  are  built  on  this 
plan  under  a  tacit  agreement  by  the  adjacent  property  owners, 
often  very  excellent  results  are  obtained. 

This  is  the  only  type  of  detached  dwelling  that  is  possible  on 
a  lot  25  feet  wide;  namely,  a  single  side  yard  on  one  side  of  the 
building  and  the  house  built  up  to  the  lot  line  on  the  other  side. 
This  would  give  on  a  25-foot  lot,  in  the  case  of  two-story  houses, 
a  house  20  feet  wide,  and  in  the  case  of  three-story  and  attic  build- 
ings a  house  19  feet  wide  with  a  side  yard  5  feet  wide  in  the  first 
case  and  a  side  yard  6  feet  wide  in  the  second.  Figures  63-69 
show  the  kinds  of  houses  that  would  be  possible  in  the  case  of 
a  three-story  and  attic  building  on  lots  of  various  depths;  namely, 
60,  100,  150,  and  200  feet  deep.  In  each  case  a  side  yard  6  feet 
wide  is  left  on  one  side  of  the  building  and  the  other  side  of  the 
plot  is  built  up  to  the  lot  line,  giving  in  every  instance  houses  19 
feet  in  width.  This  will  make  a  very  good  house.  There  will  be 
no  practical  difficulties  so  far  as  the  law  is  concerned  in  securing 
adequate  light  and  ventilation  for  the  various  rooms.  In  most 
cases  the  majority  of  the  rooms  will  front  on  the  street  and  yard. 
The  other  rooms  will  face  on  the  side  yard  and  the  "dead  end"  of 
the  house  will  be  used  for  the  hallway.  It  does  not  mean  neces- 
sarily that  this  hallway  will  be  dark,  as  it  will  be  possible  to  open 
supplementary  windows  in  the  dead  wall  where  the  owner  of  the 
adjoining  property  leaves  a  side  yard  on  that  side  following  a 
general  plan,  though  it  would  not  be  lawful  to  have  any  rooms  get 
their  sole  light  and  ventilation  from  the  adjoining  property. 

Commenting  briefly  on  the  plans  we  note  the  following 
possibilities: 

17  257 


A    MODEL   HOUSING    LAW 

On  a  lot  60  feet  deep  we  can  get  a  house  19  feet  by  45  feet 
with  a  15-foot  rear  yard  (Figure  63);  on  a  loo-foot  lot  we  would 
get  a  house  19  feet  by  75  feet  with  a  25-foot  yard  (Figure  64); 
or  a  garage  at  the  rear  20  feet  by  25  feet,  a  house  19  feet  by  52 
feet  and  a  28-foot  yard  between  them,  3  feet  more  than  the  mini- 
mum (Figure  65).  In  the  case  of  lots  150  feet  deep  it  would  be 
possible  to  have  a  house  19  feet  by  76  feet,  with  a  garage  at  the 
rear  25  feet  by  25  feet,  and  a  rear  yard  between  the  two  49  feet  in 
depth,  12  feet  more  than  the  minimum  (Figure  66);  or  if  it  is 
desired  to  have  a  front  yard  on  such  a  lot  we  could  have  a  front 
yard  25  feet  by  25  feet,  a  house  19  feet  by  60  feet,  a  garage  at  the 
rear  25  feet  by  25  feet  and  a  4O-foot  yard  between  them  (Figure  67). 
In  the  case  of  lots  200  feet  in  depth  we  could  build  the  house  19  feet 
by  98  feet,  have  a  garage  at  the  rear  25  feet  by  25  feet  and  leave  a 
yard  of  77  feet  between  the  two,  27  feet  more  than  the  minimum 
(Figure  68);  or  if  instead  it  was  desired  to  have  a  front  yard,  we 
could  have  a  front  yard  30  feet  by  25  feet,  a  house  19  feet  by  95 
feet,  a  garage  at  the  rear  25  feet  by  25  feet  and  a  5O-foot  yard 
between  the  two  (Figure  69). 

When  it  comes  to  lots  less  than  25  feet  in  width  it  is  clearly 
impracticable  to  build  a  detached  house  on  such  a  lot,  and  the  only 
thing  to  do  there  is  to  build  houses  in  rows  or  terraces;  that  is,  to 
build  them  right  up  to  the  line  on  either  side.  This  is  so,  irre- 
spective of  the  provisions  of  this  law.  It  would  be  most  unwise 
to  build  a  detached  house  on  such  a  lot,  as  it  would  be  impossible 
to  get  an  adequate  open  space  on  either  side  of  it  that  would  fur- 
nish sufficient  light  and  which  would  not  be  simply  a  narrow,  dark 
pocket,  unsightly  and  a  gathering  place  for  waste  material. 

In  many  cases  a  more  advantageous  treatment  even  on  the 
25-foot  lot  would  be  had  by  this  method  than  could  be  had  with 
the  detached  house.  In  other  words,  it  will  be  found  advantageous 
to  utilize  the  full  frontage  of  the  lot  and  to  build  the  front  at  least 
up  to  the  lot  line  on  either  side.  This  is,  of  course,  the  prevailing 
method  of  building  in  the  case  of  apartment  houses,  flats,  and 
tenements  in  those  portions  of  a  city  where  land  values  are 
high  and  where  street  frontage  is  valuable.  It  would  also  be  the 
most  advantageous  method  to  employ  in  the  case  of  two-family 
houses  and  even  private  dwellings  in  many  parts  of  large  cities. 

258 


HOUSES    BUILT    UNDER   MODEL    LAW 

In  the  large  city,  except  on  the  outskirts,  it  is  not  feasible  from  the 
commercial  point  of  view  to  build  workingmen's  houses  or  houses 
for  people  of  moderate  means  on  any  other  basis.  To  utilize  all 
of  the  lot  front  is  the  only  feasible  way. 

What  kind  of  houses,  it  may  be  asked,  can  be  built  on  25- 
foot  lots  where  houses  are  built  in  this  way  without  any  side  yards? 
Figures  70-76  show  what  is  possible  under  these  circumstances. 

The  type  of  house  that  is  there  shown  is  suitable  for  all 
classes  of  dwellings,  for  the  private  house,  the  two-family  house  and 
the  apartment  house.  Here  especially  it  should  be  noted  that 
various  kinds  of  treatment  other  than  those  presented  are  possi- 
ble. The  plans  simply  show  the  dispositions  which  have  suggested 
themselves  to  the  author  as  feasible  and  as  giving  kinds  of  build- 
ings which  would  be  attractive  to  live  in  and  commercially  suc- 
cessful. 

Looking  at  these  plans  and  commenting  briefly  upon  them 
we  note  the  following: 

On  a  6o-foot  lot  it  would  be  possible  to  build  a  house  25  feet 
by  42  feet,  leaving  a  yard  of  1 8  feet  at  the  rear.  Such  a  house, 
however,  could  not  exceed  two  rooms  in  depth,  as  the  rooms 
would  have  to  open  either  on  the  street  or  on  the  yard.  It  would 
probably  not  be  advantageous,  therefore,  to  build  the  house  as  deep 
as  this,  but  to  build  it  not  more  than  40  feet  deep,  leaving  a  2O-foot 
yard.  But  it  would  be  lawful  to  build  as  deep  as  42  feet  if  a  plan 
could  be  developed  that  the  owner  would  find  it  advantageous  to 
use  (Figure  70). 

On  a  loo-foot  lot  it  would  be  possible  to  build  a  house  25 
feet  wide  by  68  feet  deep  with  an  inner  lot  line  court. on  one  side 
i  o  feet  by  20  feet  and  a  back  yard  32  feet  in  depth  at  the  rear  of  the 
building,  7  feet  better  than  the  minimum.  This  would  give  a  very 
excellent  layout  in  the  case  of  either  a  two-family  house  or  a  mul- 
tiple dwelling,  as  each  section  of  the  building  between  the  street 
and  the  court,  and  between  the  yard  and  the  court,  would  be  about 
24  feet  in  depth,  thus  permitting  the  section  to  be  built  two  rooms 
deep.  Under  such  an  arrangement  it  would  be  very  easy  to  get 
six  or  seven  rooms  and  bath  on  each  floor  after  making  the  neces- 
sary allowance  for  hallways  and  similar  spaces  (Figure  71);  or  if 
a  different  treatment  were  desired  and  it  was  felt  essential  to  have 

259 


A   MODEL  HOUSING    LAW 

a  garage  at  the  rear,  we  might  have  the  following:  a  house  25  feet 
by  52  feet  with  an  outer  court  on  one  side  10  feet  wide  by  30  feet 
long,  a  rear  yard  of  28  feet  the  full  width  of  the  lot,  and  a  garage 
at  the  rear  20  feet  by  25  feet  (Figure  72).  This  would  permit  an 
interior  arrangement  of  the  house  by  which  five  or  six  rooms  and 
bath  could  be  obtained  for  each  floor,  though  of  course  a  more 
advantageous  arrangement  would  be  secured  by  the  previous  lay- 
out. 

In  the  case  of  a  lot  150  feet  deep  it  would  be  possible  to  get 
a  house  25  feet  wide  by  78  feet  deep,  with  a  garage  at  the  rear  20 
feet  by  25  feet  and  a  yard  between  the  two  52  feet  in  depth,  15 
feet  more  than  the  minimum  (Figure  73).  This  treatment  would 
involve  in  the  layout  an  inner  court  on  each  side  10  feet  by  20  feet 
with  a  hallway  between  the  two  courts.  It  would  be  thus  possible 
to  obtain  in  the  front  section  of  the  building  four  rooms  each  12 
feet  by  14  feet  in  size  and  similar  treatment  in  the  rear  section, 
making  8  rooms  per  floor.  This  would  make  an  excellent  arrange- 
ment either  in  the  case  of  a  two-family  dwelling  or  an  apartment 
house. 

If  instead  of  this  plan  it  were  desired  to  have  a  front  yard, 
it  would  be  possible  to  arrange  the  building  on  the  lot  so  as  to 
leave  a  front  yard  of  20  feet  in  depth,  have  the  building  70  feet  in 
depth,  a  garage  at  the  rear  20  feet  by  25  feet,  and  a  rear  yard  of 
40  feet  between  the  two,  2>^  feet  more  than  the  minimum  (Figure 
74).  This  would  involve  the  use  of  a  side  inner  court  10  feet 
wide  by  20  feet  long.  Under  this  plan  it  would  be  possible  to  get 
eight  or  more  rooms  per  floor  with  the  hall  running  along  the 
dead  end  of  the  building. 

With  a  lot  200  feet  deep  a  building  25  feet  by  95  feet  could 
be  obtained,  with  a  garage  at  the  rear  25  feet  by  25  feet  and  a 
rear  yard  between  the  two  buildings  of  80  feet,  30  feet  more  than 
the  minimum  (Figure  75).  This  would  involve  the  use  of  two 
inner  side  courts,  each  10  feet  wide  and  25  feet  long,  with  the  hall- 
way of  the  building  located  between  the  two  courts,  making  a 
treatment  by  which  in  the  front  section  of  the  building  it  would 
be  possible  to  obtain  four  rooms  each  12  feet  by  17  feet  in  size  and 
a  similar  arrangement  at  the  rear,  thus  making  eight  rooms  per 
floor;  or  if  it  was  desired  to  utilize  a  front  yard  and  set  the  building 

260 


HOUSES    BUILT    UNDER   MODEL    LAW 

back,  it  would  be  possible  to  have  a  front  yard  of  30  feet  by  25 
feet,  with  the  building  necessarily  the  same  as  before;  namely,  25 
feet  by  95  feet,  with  eight  rooms  per  floor,  a  garage  at  the  rear  25 
feet  by  25  feet,  and  a  rear  yard  of  50  feet  between  them,  the  mini- 
mum (Figure  76). 

It  is  obvious  from  a  study  of  these  plans  that  even  on  lots 
of  this  narrow  width  of  25  feet  it  is  possible,  in  the  case  of  houses 
built  in  continuous  rows,  both  private  houses,  two-family  houses, 
and  multiple  dwellings,  to  build  houses  that  would  be  unques- 
tionably profitable  from  a  commercial  point  of  view  and  would 
give  an  advantageous  arrangement  of  the  rooms  both  from  the 
point  of  view  of  light  and  ventilation  and  also  of  convenience  of 
arrangement,  as  well  as  from  the  points  of  view  of  comfort  and 
what  people  are  accustomed  to.  It  probably  will  mean,  however, 
that  the  stereotyped  kinds  of  buildings  which  are  in  existence  in 
many  cities  will  have  to  be  changed  somewhat  and  there  will  there- 
fore at  once  be  opposition.  The  builder  who  is  building  from  a 
plan  that  he  bought  from  an  architect  ten  years  ago  will  object 
to  going  to  an  architect  now  to  have  a  new  plan  made.  He  will 
be  wedded  to  the  kind  of  house  that  he  has  been  building  and  will 
object  to  any  change.  Similarly,  the  architect  may  be  slow  to  see 
the  opportunities  that  exist  and  may  not  have  sufficient  inventive 
faculty  to  lay  out  types  of  plans  that  will  produce  the  best  results^ 
but  such  change  is  involved  in  any  law  which  makes  for  progress. 
If  the  present  types  of  houses  were  satisfactory  no  law  would  be 
necessary. 

When  it  comes  to  building  houses  in  continuous  rows  on  lots 
of  a  greater  width  than  25  feet  of  course  more  advantageous  treat- 
ment can  be  obtained. 

To  sum  up:  On  lots  40  feet  or  over  in  width  detached  houses 
on  any  depth  of  lot  can  be  built  under  this  law  which  will  be 
commercially  profitable,  private  dwellings,  two-family  dwellings, 
and  multiple  dwellings  of  all  kinds. 

On  lots  of  less  than  40  feet  in  width  the  detached  house  is 
not  so  advantageous,  though  it  is  still  possible  on  lots  as  narrow 
as  25  feet  in  width.  On  anything  less  than  this,  however,  the  de- 
tached house  is  impracticable,  and  houses  built  in  rows  or  terraces 
are  the  only  thing  to  consider. 

261 


FIGURE  49 
TWO-STORY  AND  ATTIC 


IJ5FTYARD 


K-      Aon- 


Detached  Houses  on  40  ft.  Lots 

Lot  *6o  ft.  deep 

Occupies  56  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


262 


FIGURE  50 
TWO-STORY  AND  ATTIC 


Detached  Houses  on  40  ft. 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


263 


FIGURE  51 
TWO-STORY  AND  ATTIC 


fo  FT  YARD 


^ 


u. 
o 
o 


i. 


4orr 


Detached  Houses  on  40  ft.  Lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  Figure  50  with  garage 


264 


FIGURE  52 
TWO-STORY  AND  ATTIC 


40FFYARD 
(30FFMIN-) 


D 

PT 


u_ 

O 

LO 


40FF     -H 


Detached  Houses  on  40  ft.  Lots 

Lot  150  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

265 


FIGURE  53 
TWO-STORY  AND  ATTIC 


// 


4o  FT  YARD 
(30  FT /MM) 


FR.ONT  YARD 


ul 


i 


40  Ff 


Detached  Houses  on  40  ft.  Lots 

Lot  150  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  32  with  front  setback 
266 


FIGURE  54 
TWO-STORY  AND  ATTIC 


T 


t 

8 


L 


67fT  YARD 
(4orr. 


4onr 


Detached  Houses  on  40  ft.  Lots 

Lot  200  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

267 


FIGURE  55 
TWO-STORY  AND  ATTIC 


O 

a 


i 


W/M 


50  FT  YARD 
(4OFT-MIN.) 


HOUSE  •// 


PRO  NT  YARD 

4on  x  30 FT- 


Detached  Houses  on  40  ft.  Lots 

Lot  200  ft.  deep 

Occupies  45  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  54  with  front  setback 

268 


FIGURE  56 
THREE-STORY  AND  ATTIC 


)5FT.  YARD 


FT- 


(o 
FT 


LL 

2 


Detached  Houses  on  40  ft.  Lots 

Lot  60  ft.  deep 

Occupies  52^  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


269 


FIGURE  57 
THREE-STORY  AND  ATTIC 


( 


Ff  YARD 

MIN-) 


<0 
FT 


40  Ff 


T 


o 
o 


Detached  Houses  on  40  ft.  Lots 

Lot  100  ft.  deep 

Occupies  52^  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


270 


FIGURE  58 
THREE-STORY  AND  ATTIC 


Z5  FT  YARD 

(MIN.) 


6 

FF 


£  HOUSE 


AOPF 


T 


O 
0 


i 


Detached  Houses  on  40  ft.  Lots 

Lot  100  ft.  deep 

Occupies  54  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  Figure  57  with  garage 


27I 


FIGURE  59 
THREE-STORY  AND  ATTIC 


40  Ff  YARD 


(5 

FT 


40  Ff 


T 


U. 
O 

a 


Detached  Houses  on  40  ft.  Lots 

Lot  150  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

.    272 


FIGURE  60 
THREE-STORY  AND  ATTIC 


(37FT-6IN-MIN-) 


6 
FT 


HOUSE 
28  Ff  X60FF 

V, 


Q> 

FT- 


FRONT  YAR.D 


T 


O 

10 


i 


K-     40  Ff     -H 


18 


Detached  Houses  on  40  ft.  Lots 

Lot  150  ft.  deep 

Occupies  40  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  59  with  front  setback 

273 


FIGURE  61 
THREE-STORY  AND  ATTIC 


(SOFT 


i 


Detached  Houses  on  40  it.  Lots 

Lot  200  it.  deep 

Occupies  50  per  cent  oi  lot 

Legal  maximum  50  per  cent  oi  lot 

274 


FIGURE  62 
THREE-STORY  AND  ATTIC 


w////// 


3O  FT- YARD 


FfcONfYARD 


T 


i 


40  FT 


Detached  Houses  on  40  ft  Lots 

Lot  200  ft.  deep 

Occupies  42^  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  61  with  front  setback 

275 


FIGURE  63 
THREE-STORY  AND  ATTIC 


I5FFYARP 
(MINJ 


HOUSE, 
19*45- 


^- 

J. 


Detached  Houses  on  25  ft.  Lots 

Lot  60  ft.  deep 

Occupies  57  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


276 


FIGURE  64 
THREE-STORY  AND  ATTIC 


FFYARD 

(MIN) 


19*7.5, 
^ET. 


/ 


e 

FT 


T 


Detached  Houses  on  25  ft.  Lots 

Lot  100  ft.  deep 

Occupies  57  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


277 


FIGURE  65 
THREE-STORY  AND  ATTIC 


w////// 


28 FF YARD 


HOUSE/ 

IQ  •"'  *~~ ~* 


6 
FT 


T 


I 


Detached  Houses  on  25  ft.  Lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  figure  64  with  garage 


278 


FIGURE  66 
THREE-STORY  AND  ATTIC 


49  FF  YARD 


HOUSE; 

19 


C 


Detached  Houses  on  25  ft.  Lots 

Lot  150  ft.  deep 
Occupies  55  per  cent  of  lot 
Legal  maximum  55  per  cent  of  lot 

279 


FIGURE  67 
THREE-STORY  AND  ATTIC 


40  FT  YARD 


y//, 


FRONTYARP 


u_ 
O 


1 


rr  -H 


Detached  Houses  on  25  ft.  Lots 

Lot  150  ft.  deep 

Occupies  47  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  66  with  front  setback 
280 


FIGURE  68 
THREE-STORY  AND  ATTIC 


(50Fr/AIN.) 


HOUSE 
19x98' 


T 


i 


K  25FT- 


Detached  Houses  on  25  ft.  Lots 

Lot  200  ft.  deep 

Occupies  49+  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

28l 


FIGURE  69 
THREE-STORY  AND  ATTIC 


5OFTYARD 

(MIN.) 


HOUSE 
I9XQ5 


FT 


FRONT  YARD 


K-  25  FT— *H 


Detached  Houses  on  25  ft.  Lots 

Lot  200  ft.  deep 

Occupies  48+  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  68  with  front  setback 

282 


FIGURE  70 
THREE-STORY  AND  ATTIC 


18  FT  YARD 


;/ HOUSED 


T 


Continuous  Rows  or  Terraces  on  25  ft.  Lots 

Lot  60  ft.  deep 

Occupies  70  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


283 


FIGURE  71 
THREE-STORY  AND  ATTIC 


T 


LL. 
00 
CS 


32  Ff-YARD 
MIN) 


T 


i 


-H 


Continuous  Rows  or  Terraces  on  25  ft.  Lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


284 


FIGURE  72 
THREE-STORY  AND  ATTIC 


Continuous  Rows  or  Terraces  on  25  ft.  lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  Figure  71  with  garage 


285 


FIGURE  73 
THREE-STORY  AND  ATTIC 


Continuous  Rows  or  Terraces  on  25  ft.  Lots 

Lot  150  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

286 


FIGURE  74 
THREE-STORY  AND  ATTIC 


'20FTX25FT 

V///////, 


i 


W///7/Y, 


4orr-YARD 

$7 FT-  &  IN. 
MIN.) 


Continuous  Rows  or  Terraces  on  25  ft.  Lots 

Lot  1 50  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  73  with  front  setback 

287 


FIGURE  75 
THREE-STORY  AND  ATTIC 


80  FF  YARD 
(50FTAAIN) 


T 


Continuous  Rows  or  Terraces  on  25  ft.  lots 

Lot  200  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

288 


FIGURE  76 
THREE-STORY  AND  ATTIC 


50FTYARP 
(MIN? 


Continuous  Rows  or  Terraces  on  25  ft.  Lots 

Lot  200  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  75  with  front  setback 
19  289 


VI 
A  MODEL  TENEMENT  HOUSE  LAW 


VI 
A  MODEL  TENEMENT  HOUSE  LAW 

THERE  may  be  some  communities  in  which  it  will 
not  seem  feasible  to  undertake  the  enactment  of 
a  general  housing  law  dealing  with  all  classes  of 
residence  buildings,  because  of  fear  of  the  opposition  which 
such  a  law  may  create. 

Where  this  situation  exists  and  those  interested  in 
housing  reform  desire  to  proceed  along  the  line  of  least 
resistance  and  limit  their  activities  to  the  more  restricted 
field  of  tenement  house  reform,  it  will  be  necessary  to 
adapt  the  Model  Housing  Law  to  this  situation. 

This  can  readily  be  done  by  making  the  following 
changes: 

CHANGES  NECESSARY  IF  THE  MODEL  HOUSING  LAW  is  TO 
BE  MADE  A  MODEL  TENEMENT  HOUSE  LAW 

VARIATION  i :  Title — Change  the  title  to  read  "An  act  y   .   . 
in  relation  to  tenement  houses  in  cities  of  the  FIRST 
class." 

NOTE:  The  same  variations  discussed  under  the 
title  in  the  Model  Housing  Law  will  apply  equally 
here. 

VARIATION  2:  In  section  i  change  "housing  law"  to 
"  tenement  house  law." 

VARIATION  3:  Strike  out  subdivisions  (i),  (2),  (3)  and 
(4)  of  section  2  and  insert  in  place  thereof  the  following: 

"§  2  (i).  Tenement  house.  A  "tenement  house1"  is  any 
house  or  building  which  is  occupied,  in  whole  or  in  part, 
as  the  home  or  residence  of  TWO2  families  or  more  living 

293 


A   MODEL   HOUSING    LAW 

independently  of  each  other3  and  doing  their  cooking4  upon 
the  premises,  and  includes  apartment-houses  and  flat- 
houses  and  all  other  houses  similarly  occupied,  by  what- 
ever name  known." 

Explana-  NOTE    i :    This  definition  includes  all   classes  of 

tion  "tenement  houses"  containing  two  families  or  more, 

whether  popularly  known  as  "tenements,"  "flats," 
or  "apartment  houses."  Pressure  will  be  brought 
to  exclude  from  the  provisions  of  a  tenement  law  the 
better  grade  flats  and  apartment  houses.  This 
should  not  be  done.  There  are  few  provisions  of  the 
law  which  apply  to  the  cheapest  tenement  which 
should  not  equally  apply  to  the  highest  class  apart- 
ment house.  The  rich  as  well  as  the  poor  are  entitled 
to  light  and  air,  proper  sanitation,  privacy  and 
reasonable  fire  protection.  Moreover,  the  "apart- 
ments" of  the  rich  of  to-day  are  the  "tenements" 
of  the  poor  of  to-morrow.  There  is  also  no  way  of 
drawing  a  legal  distinction  between  these  various 
classes  of  tenements  which  will  be  sound  and  which 
will  not  result  in  evasion  and  nullification  of  the 
statute.  In  the  discussion  of  this  question  with 
those  who  urge  this  differentiation,  it  will  be  illumin- 
ating and  will  clarify  the  issue  to  ask  them  to  point 
out  the  provisions  of  the  law  which  they  think  should 
not  apply  to  "apartment  houses."  It  will  be  found 
that  they  are  unable  to  specify  any  which  experience 
has  not  shown  to  be  necessary. 

NOTE  2:  The  question  of  whether  the  standard 
should  be  set  at  "two  families  or  more"  or  "three 
families  or  more"  is  a  difficult  one.  The  recent  ten- 
dency has  been  to  make  two  families  the  standard, 
but  this  has  been  prior  to  the  existence  of  a  housing 
law.  There  are  some  two-family  houses  that  are  to 
all  intents  and  purposes  private  houses;  namely, 
the  type  known  as  the  "double  house"  where  the 
families  are  side  by  side  with  a  party  wall  or  thin 
partition  between  each  part  of  the  house,  and  with  a 
common  roof  and  cellar.  The  other  type,  the  more 
common  one,  with  one  family  upstairs  and  one  down- 
stairs, is  nothing  more  nor  less  than  a  flat,  and  has 
all  the  features  of  the  flat  except  the  common  en- 
trance. It  is  entirely  reasonable  to  subject  it  to  the 
294 


MODEL  TENEMENT  HOUSE  LAW 

same  regulations.  The  effect  of  so  doing,  however, 
may  be  to  discourage  the  erection  of  two-family 
houses  and  encourage  the  erection  of  "three-deckers," 
the  three-story  house  with  one  family  on  each  floor; 
this  would  be  unfortunate  as  the  two-family  house 
is  greatly  preferable  and  next  to  the  private  dwelling 
the  best  type  of  house  to  encourage.  It  is  also  an 
increasingly  popular  type  in  many  communities,  and 
deservedly  so,  as  it  is  both  convenient  and  economical 
and  when  properly  built  with  sufficient  space  on  all 
sides  so  as  to  afford  ample  light  and  air,  is  an  excellent 
type  of  habitation.  As  a  rule,  it  has  the  additional 
advantage  that  the  owner  lives  in  one  flat,  thus  in- 
suring better  care  of  the  premises.  No  city  should 
make  the  mistake  of  setting  its  standard  at  "four 
families  or  more/'  One  thing  is  clear  beyond  any 
question  from  the  experience  of  the  past  fifty  years, 
that  when  as  many  as  three  families  live  in  one  build- 
ing, that  building  needs  regulation. 

NOTE  3:  There  has  purposely  been  omitted  from 
this  definition  the  feature  of  common  use  of  certain 
parts  of  the  building  which  had  heretofore  been  in- 
corporated in  most  of  the  definitions  of  a  tenement 
house  to  be  found  in  the  different  tenement  house 
laws  of  the  country.  This  was  a  feature  of  the  first 
tenement  house  law  enacted  in  America,  namely, 
that  of  New  York  City  enacted  in  1867,  and  up  to  a 
few  years  ago  had  proved  satisfactory;  but  recently 
ingenious  architects  and  lawyers  have  found  this  a 
means  of  evading  the  law's  requirements.  In  the 
case  of  a  three-decker,  for  instance,  by  the  mere 
expedient  of  providing  a  separate  entrance  for  the 
family  on  the  entrance  floor,  and  giving  them  no 
common  right  in  the  "halls,  stairways,  yard,  cellar 
or  water-closets,"  the  building  ceased  to  be  a  tene- 
ment house.  What  constitutes  a  building  a  tenement 
house  is  primarily  its  occupancy  by  several  families, 
and  the  use  in  common  of  certain  parts  of  it  is  but  a 
detail  of  that  occupancy. 

NOTE  4:  It  should  be  fully  realized  that  "kitchen- 
ettes" and  apartment  hotels,  as  well  as  lodging  houses, 
will  all  escape  regulation  under  this  definition.  (The 
phrase  "doing  their  cooking  on  the  premises"  marks 
the  important  point.)  This  is  neither  logical  nor 
desirable.  But  there  is  no  practicable  way  of  bring- 

295 


A   MODEL   HOUSING   LAW 

ing  these  buildings  under  the  law  without  at  the  same 
time  including  the  ordinary  hotel.  If  this  is  desired, 
the  satisfactory  way  to  accomplish  it  is  to  enact  a 
housing  law  rather  than  a  tenement  house  law. 

NOTE  5:  In  many  cities  the  worst  housing  condi- 
tions will  remain  unremedied  by  a  mere  "tenement 
house  law,"  as  in  the  small  shacks  and  dilapidated 
cottages  of  the  poor  will  be  found  the  worst  evils. 
One  or  two  cities  and  some  states  have  sought  to 
include  such  houses  under  a  tenement  house  law, 
having  some  of  its  provisions  apply  to  certain  kinds 
of  dwellings.  Three  types  of  such  single-family 
dwellings  are  to  be  differentiated;  namely, 

(i)  Single-family  houses  built  in  attached  rows, 
known  frequently  as  "terraces"  (Figure  77); 


STREET 
A  £ow  OR," TERRACE" 

NINE  SEPARATE  HOUSES 
FIGURE  77 

(2)  Detached  houses  with  narrow  space  between 

each  house  (Figure  78); 

(3)  Several  single-family  houses  placed  on  the  same 

lot  in  various  positions,  having  common  use 
of  the  yards,  courts,  and  often  of  the  water 
supply,  privies,  and  so  forth  (Figure  79). 
There  is  no  really  satisfactory  way  of  dealing  with 
these  conditions  other  than  through  the  enactment 
of  a  complete  housing  law. 

NOTE  6:  The  phrases  "or  portion  thereof,"  and 
"is  rented,  leased,  let  or  hired  out  to  be  occupied," 
as  well  as  "or  is  intended,  arranged  or  designed  to 
be  occupied"  heretofore  found  in  the  definition  of  a 
tenement  house  law,  in  most  statutes,  are  here  pur- 
posely omitted  for  the  sake  of  clarity  and  brevity. 
296 


MODEL  TENEMENT  HOUSE  LAW 


The  points  involved  have  been  fully  covered  in  sub- 
division (20)  of  section  2. 


STREET 
DETACHED  HOUSES 

FIGURE  78 


A\ANY  HOUSES  ON  SAME  JjOf 

FIGURE  79 

VARIATION  4:  Omit  subsection  (c)  of  subdivision  (13)  Variation 
of  section  2. 

VARIATION  5 :  Re-number  the  subdivisions  of  section  2 
to  correspond  with  these  changes. 

VARIATION  6:  Omit  section  9. 

VARIATION  7:  Omit  section  n. 

VARIATION  8:  In  section  29  omit  the  last  sentence. 

VARIATION  9:  In  section  31  omit  the  phrase  "In  mul- 
tiple-dwellings of  Class  A;" 

VARIATION  10:  In  section  35  omit  the  last  sentence. 

VARIATION  1 1 :   In  section  45  omit  the  following: 

"Nothing  in  this  section  contained  shall  be  construed 
so  as  to  prohibit  a  general  toilet-room  containing  several 
water-closet  compartments  separated  from  each  other  by 
dwarf  partitions  provided  such  toilet-room  is  adequately 
lighted  and  ventilated  to  the  outer  air  as  above  provided, 
and  that  such  water-closets  are  supplemental  to  the  water- 

297 


A    MODEL   HOUSING    LAW 

closet  accommodations  required  by  other  provisions  of 
this  section  for  the  tenants  of  the  said  house/' 

In  section  45,  at  the  end  of  the  first  sentence,  after  the 
words  "separate  water-closet,"  strike  out  the  period  and 
insert  the  following:  "for  each  family  and  located  within 
each  apartment,  suite  or  group  of  rooms." 

In  section  45  about  the  middle  of  the  section,  omit  the 
following:  "In  two-family-dwellings  and  in  multiple- 
dwellings  of  Class  A  hereafter  erected  there  shall  be  for 
each  family  a  separate  water-closet  constructed  and 
arranged  as  above  provided  and  located  within  each 
apartment,  suite  or  group  of  rooms.  In  multiple-dwell- 
ings of  Class  B  hereafter  erected  there  shall  be  provided 
at  least  one  water-closet  for  every  fifteen  occupants  or 
fraction  thereof/' 

VARIATION  12:  In  section  51  omit  the  following: 

"In  multiple-dwellings  of  Class  B  the  second  way  of 
egress  shall  be  directly  accessible  from  a  public  hall." 

VARIATION  13:  In  section  93  omit  the  last  sentence. 

VARIATION  14:  In  section  98  omit  the  following: 

"In  two-family-dwellings  and  multiple-dwellings  of 
Class  A"  and  begin  the  word  "there"  with  a  capital. 

VARIATION  15:  In  section  101  omit  the  following:  "and 
in  the  case  of  a  private-dwelling,  the  occupant  thereof," 
Also  omit  the  following:  "or  in  the  case  of  a  private- 
dwelling,  the  occupant," 

VARIATION  16:  In  section  105  omit  the  following:  "and 
in  the  case  of  a  private-dwelling,  the  occupant," 

VARIATION  17:  In  section  1 1 1  omit  the  words:  "  Except 
in  multiple-dwellings  of  Class  B,"  and  begin  the  word 
"no"  with  a  capital.  In  section  in  omit  the  last  sen- 
tence. 

VARIATION  18:  Omit  section  145. 

VARIATION  19:   In  section  155  omit  the  last  sentence. 

VARIATION  20:  Change  the  words  "dwelling,"  "pri- 
vate-dwelling," "two-family-dwelling,"  "multiple-dwell- 
ing," "multiple-dwelling  of  Class  A,"  wherever  they  occur 
to  "tenement  house." 

298 


VII 
AN   IDEAL  HOUSING  LAW 


VII 

9 

AN  IDEAL  HOUSING  LAW 

A  "I  ideal  situation  as  to  the  light  and  ventilation  of 
all  future  dwellings  would  result  if  we  could  adopt 
in  America  the  practice  which  is  quite  general  in 
Great  Britain;  namely,  of  having  no  buildings  used  for 
residence  purposes  exceed  two  rooms  in  depth,  each  group 
of  rooms  thus  extending  from  the  street  to  the  yard,  a 
generous  yard  being  left  at  the  back  of  the  building. 
Under  this  plan  every  room  and  public  hall,  in  fact,  every 
part  of  the  building,  would  open  either  on  the  street  or 
on  this  large  back  yard.  Such  conditions  are  ideal.  It 
would  mean  that  we  would  have  no  courts  or  air-shafts  or 
similar  make-shifts  for  direct  light  and  air. 


Two  ROOMS  PEEP— 

FIGURE  80 


Before  this  can  be  brought  about  in  America,  however, 
we  shall  have  to  make  radical  changes  in  our  property 
divisions.  Such  a  plan  requires  that  property  shall  be 
divided  into  shallow  lots  and  that  the  present  deep  lot 

301 


A    MODEL   HOUSING    LAW 


Variation 


Explana- 
tion 


Variation 


which  prevails  in  America  shall  cease  to  exist.  Before 
this  state  of  affairs  is  likely  to  be  reached  there  will  un- 
doubtedly be  many  years  of  effort  in  the  city  planning 
movement. 

This  book,  however,  would  not  be  complete  if  it  did  not 
contain  a  scheme  for  adapting  the  Model  Housing  Law 
to  such  conditions.  To  bring  about  these  ideal  conditions 
but  few  changes  in  the  Model  Housing  Law  would  have 
to  be  made.  They  are  as  follows: 

VARIATION  i :  Omit  subdivision  (8)  of  section  2,  and 
re-number  the  subsequent  subdivisions  accordingly. 

VARIATION  2:  In  subdivision  (16)  of  section  2  omit  the 
word  "courts/' 

VARIATION  3:  In  subdivision  (18)  of  section  2  omit  the 
sentence:  ''Court  walls  are  exterior  walls." 

VARIATION  4:  Omit  section  24  and  substitute  the  fol- 
lowing: 

"§24.  Courts  prohibited.  There  shall  be  no  court  or 
shaft  or  other  unoccupied  space  on  the  lot  other  than  a 
yard.  No  dwelling  hereafter  erected  shall  exceed  two 
rooms  in  depth  from  the  street  to  the  yard.  Each  apart- 
ment, group  or  suite  of  rooms  shall  extend  from  the  street 
to  the  yard/' 

NOTE  i :  The  writer  has  no  illusions  as  to  the  desir- 
ability of  such  a  provision,  nor,  sad  to  relate,  as  to  the 
utter  unconstitutionality  of  such  a  plan  so  far  as 
America  is  concerned. 


VARIATION 
VARIATION 
VARIATION 
VARIATION 
VARIATION 
VARIATION 
VARIATION 
VARIATION 
VARIATION 
court";  also 


5:  Omit  section  25. 
6:  Omit  section  26. 
7:  Omit  section  27. 

8:  In  section  28  omit  the  words  "  courts  or." 
9:  In  section  29  omit  the  words  "or  court." 
In  section  35  omit  the  words  "or  court." 


10: 

1 1 :  In  section  36  omit  the  words  "or  court." 
12:   In  section  45  omit  the  words  "or  court." 
13:     In   section    124  omit   the  words   "or 
omit  the  words  "and  twenty-four." 
302 


INDEX 


INDEX 

SECTION  PAGE 

ABATEMENT 

of  nuisance,  procedure  for 1 12,  1 13,  144  194,  196,  229 

ACCESS 

sole,  through  bedroom  to  other  rooms 

forbidden 34  114 

street  to  yard 57  157 

to  bottom  of  shafts  and  courts 126  217 

to   fire-escapes,    obstruction    of,    for- 
bidden   £- 52,  80,  127  148,  169,  217 

to  living  rooms,  bedrooms,  and  water- 
closet  compartments 34  114 

to  plumbing  pipes 47,  78  138,  167 

to  roof  required 53,  129  1 52,  220 

to  second  means  of  egress  to  be  direct 51,  127  143,217 

ACCOMMODATIONS 

See  Waier-closet  Accommodations 
ACCUMULATIONS 

of  dirt,  etc.,  forbidden ,101  182 

ACT 

time  when,  takes  effect 159  244 

See  also  Housing  Law,  Model 
ACTIONS 

costs  of 143,  144  227,  229 

ADAPTATION 

of   model    housing   law   to   tenement 

house  reform 293 

ADDITIONAL  MEANS  OF  EGRESS 128  219 

ADDITIONAL  ROOMS  AND  HALLS 74  165 

ADDRESSES 

indexing  names  and 152  237 

AFFIDAVIT 

alleging  correctness  of  plans,  specifica- 
tions and  statements  shall  be  made 

by  owner,  agent  or  architect 140  22 1 

AGENT 

may  file  plans  for  owner 140  221 

owner's,  written  instrument  designating 140  22 1 

registry  of  name  of,  for  service  of  pro- 
cess   149  235 

AIR-INTAKES 26,  73  96,  163 

AIR-SHAFTS 

See  Shafts 
AIR  SPACE 

in  rooms,  amount  required 1 10  190 

under  entrance  floor 42  128 


20 


305 


INDEX 

SECTION  PAGE 

ALCOVES  AND  ALCOVE  ROOMS 33,  76  110.166 

lighting  and  ventilation  of 33,  76  no,  166 

ALLEYS 

to  be  kept  clean 101  182 

ALTERATION 

of  buildings  erected  prior  to  act,  in 

violation  thereof,  forbidden 4  54 

of  buildings  into  dwellings 3  53 

of  dwellings  erected  subsequent  to  act, 

in  violation  thereof,  forbidden 4  54 

of  dwellings  of  one  class  to  dwellings  of 

another  class 3  53 

of  existing  wooden  multiple-dwelling 85  170 

ALTERATIONS 70-86  161-171 

and  change  in  occupancy 4  54 

before  approval  of  plans  forbidden 140  22 1 

must  be  in  accordance  with  approved 

plans  and  specifications 140  22 1 

permit  for,  cancellation  of 140  22 1 

permit  for,  expiration  by  limitation  of 140  22 1 

permit  necessary 140  22 1 

provisions  relating  to 70-86  161-171 

unlawful,  procedure  to  prevent 144  229 

AMENDMENT 
of   minimum    requirements    by    local 

authorities  forbidden 6  55 

ANGLES  IN  COURTS 27  98 

ANIMALS 

keeping  of  certain,  in  dwelling  or  on 

premises  forbidden 106  186 

APARTMENT  HOTELS 

included  in  Class  A  multiple-dwellings 2  (3)  32 

APARTMENT  HOUSES 
included  in  Class  A  multiple-dwellings 2  (3)  32 

APARTMENTS 

number  of,  to  be  registered  in  health 
department 148  234 

APPLICATION 

of  model  housing  law I  28 

APPROVAL 

for  alterations  or  construction,  cancel- 
lation of 140  221 

for  alterations  or  construction,  expira- 
tion by  limitation  of ..140  221 

of  plans  and  specifications  by  health 

officer 140  221 

APPROVED  FIRE-PROOF  MATERIAL 

definition 2  (20)  5 1 

ARCHITECT 

may  file  plans  for  owner ..140  221 

306 


INDEX 

SECTION  PAGE 

AREA 

floor,  of  rooms 3I>74  »o6,  165 

of  windows  in  basement  rooms 94  175 

in  interior  rooms 120  200 

in  public  halls 37.  75  122>  '65 

in  rooms 30,  76,  120  105,  f66,  200 

in  stair-halls 38,  75  124,  165 

in  water-closet  compartments  and 

bath-rooms 35,76,  78  115,  166,  167 

AREAS 

to  be  concreted  if  required 43  130 

to  be  graded  and  drained 43  130 

to  be  kept  clean .  .  101  182 

ARGUMENTS 

against  act 249 

ART  GALLERIES 

windows  in  rooms  used  for 29  1 03 

ASHES 

receptacles  for 105  185 

ASYLUMS 

included  in  Class  B  multiple-dwellings 2  (3)  33 

ATTIC 

definition 2(13)  44 


BACHELOR  APARTMENTS 
included  in  Class  A  multiple-dwellings 2  (3)  32 

BALCONIES 
fire-escape 52,  80,  127  148,  169,217 

BALCONY  FIRE-ESCAPES 
second  means  of  egress 51,  127  143,  217 

BALUSTERS,  STAIR 
See  Stairs,  Construction  of 

BASE 
waterproof,  required  for  water-closet 

compartments 45,  78,  124  132,  167,  206 

BASEMENT 

and  cellar  rooms 94  175 

conditions    of    occupancy    for    living 

purposes 41,94  127,  175 

definition 2(13)  43 

depth  of 42  128 

drainage  of 41,  42,  94,  125       127,  128,  175,  216 

floors  to  be  watertight 42,  125  128, 216 

height  of 42,94  128,  175 

lighting  and  ventilation  of 41,42,94  127,  128,  175 

rooms 41  127 

windows  in,  area  of 94  175 

BASEMENT;  CELLAR;  ATTIC 
definitions 2(13)  43 

BASEMENTS  AND  CELLARS 125  216 

BASINS 

See  Catch-basins 

307 


INDEX 

SECTION  PAGE 

BATHROOMS 

lighting  and  ventilation  of 35,  76  1 15,  166 

BEDROOM 
sole  access  to,    through  other  rooms 

forbidden 34  114 

BINS 

for  garbage,  prohibited 105  185 

BLOCK 

definition 9  59 

BOARDING  HOUSES 

included  in  Class  B  multiple-dwellings 2  (3)  33 

BOLTS 

movable,  allowed  on  scuttles  and  bulk- 
heads  129  220 

BOND 
not  necessary  for  health  department  to 

give 157  242 

BUILDING 

code,  amendment  of 11,12 

difference    between,  and    tenement 

house  law 1 1 ,  1 2,  1 3 

scope  of 11,12 

construction  of  word 2  (20)  5  i 

laws,  three  kinds  of 1 1 

line,  fire-escapes  may  project  beyond 52,  80  148,  169 

operations,  effect  of  act  on 249 

wooden,  definition 2(18)  50 

BUILDING  CODES,  TENEMENT 

HOUSE  LAWS  AND  HOUSING  LAWS 1 1-16 

BUILDINGS 

converted  or  altered 3  53 

converted  or  altered  into  dwellings, 

provisions  governing 20-62  70-160 

converted  or  altered  into  dwellings, 
subject  to  act  relative  to  new  dwell- 
ings  3  53 

dangerous,  proceedings  relative  to 1 12,  1 13  194,  196 

on  lot  with  dwelling,  certain  kinds  pro- 
hibited  28  99 

repairs  to,  ordered  or  made  by  health 
officer 113  I96 

types  of,  included  in  housing  problem 13,  14,  15,  16 

BULKHEADS 82  169 

roof,  direct  access  to,  required 53,  129  1 52,  220 

fireproof 53,82,  129  152,  169,220 

key-locks  on,  to  be  removed : 129  220 

locking  of  door  forbidden 1 1 5,  129  198,  220 

movable  bolts  or  hooks  allowed  on 129  220 

stairs  leading  to 53,54,81,115,129  152,  153,   169,   198, 

220 

to  be  easily  accessible  to  all  occu- 
pants  115.  129  198,220 

to  be  kept  free  from  incumbrance 1 1 5,  129  198,  220 

to  be  located  in  ceiling  of  public  hall  ....  53,  129  152,  220 


INDEX 

SECTION  PAGE 


BUSINESSES 

dangerous 108  189 

unlawful,   procedure  to  prevent  con- 
duct of 144  229 


CALF 

keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  186 

CATCH-BASINS 100  181 

CEILINGS 

cellar,  plastering  of 125  216 

cellar,  whitewashing  or  painting  of 95  177 

no  paper  to  be  placed  on,  until  old 

paper  is  removed 104  184 

roofs  to  be  drained  so  as  not  to  cause 

dampness  in 97  178 

to  be  cleaned  before  papering 1 04  1 84 

to  be  kalsomined  or  painted  white 103  183 

to  be  kept  clean 101  182 

CELLAR 

ceiling,  plastering  of 125  2  16 

ceiling,  whitewashing  or  painting  of. 95  1 77 

definition 2(13)  43 

depth  of 42  128 

elevator  shaft  in,  fireproof  doors  to 58,84  158,  169 

entrance  to,  outside 6 1  1 60 

floors,  damp-proofing  and  water-proof- 
ing of.  . 42,  125  128,216 

general  toilet  room  in,  supplementary 
to  required  water-closets,  not  pro- 
hibited   92  173 

general  water-closet  accommodations 

in,  prohibited 92  173 

lighting  and  ventilation  of 42,  125  128,216 

occupation  of,  for  living  purposes  pro- 
hibited   40,  94  127,  175 

rooms 40,  94,  125  127,  175.  216 

stairs  inside,  prohibited 59  i  59 

to  be  kept  clean 101  182 

walls  and  ceilings 95  177 

walls,  whitewashing  or  painting  of 95  177 

water-closets   in,    prohibited   without 

written  permit 45,  78,  92  132,  167,  173 

waterproofing  of 42,  125  128,216 

CELLARS  AND  BASEMENTS 125  216 

CELLARS,  WATER-PROOFING  AND  LIGHT- 
ING  42  128 

CERTAIN  DANGEROUS  BUSINESSES 108  189 

CERTIFICATE 

of  approval  of  plans  and  specifications 

to  be  issued 140  22 1 

309 


INDEX 

SECTION  PAGE 

CERTIFICATE  OF  COMPLIANCE  .  .  . 141  225 

dwellings  occupied  without,  to  be  va- 
cated   142  226 

to  be  obtained  before  occupation  of 

new  or  con  verted  dwellings 141  225 

CESSPOOLS 

prohibited 46,  1 24  137,  206 

substitution  of  water-closets  for 124  206 

CHANGES 

necessary  in  model  housing  law  to 

make  it  a  model  tenement  house  law 293 

CHARTER 
construction  of  word 2  (20)  50,  5 1 

CHARTERS 

provisions  of  act  to  supersede  conflict- 
ing provisions  of 158  242 

CHICAGO 

.  definition  of  tenement  house  in 13 

CHICKENS 

keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  186 

CHUTES 
for  garbage,  prohibited 105  185 

CISTERNS 

and  wells 99  lSl 

no  opening  in,  for  drawing  water  with 

pails  or  buckets 99  18 1 

size,  number,  construction  and  main- 
tenance of,  to  be  determined  by 
health  officer 99  lSl 

to  be  provided  with  attachment  for 

drawing  water 99  18 1 

CITY  ENGINEER 

powers  conferred  by  act  on,  addi- 
tional   1 54  239 

CITY  PLANNING  MOVEMENT 

effort  in,  necessary  to  reach  ideal  con- 
ditions    302 

CITY  TREASURY 

construction  of  words 2  (20)  50,  5  i 

CLASSES  OF  DWELLINGS 2  (2)  30 

CLASSES  OF  MULTIPLE-DWELLINGS 2  (3)  32 

CLASSIFICATION 

of  provisions  of  model  housing  law 

CLEANLINESS  OF  DWELLINGS 101  182 

CLOSET 

under  first  story  stairs 60 

under  stairs  to  upper  stories  forbidden 60 

CLOSET  UNDER  FIRST  STORY  STAIRS 60  160 

CLOSETS 

See  Water-closets 

310 


INDEX 

SECTION  PAGE 

CLUB  HOUSES 
included  in  Class  B  multiple-dwellings 2  (3)  33 

COLUMBUS,  OHIO 

definition  of  tenement  house  in 13 

COMBUSTIBLE  MATERIALS 107  188 

storage  of,  prohibited 107  188 

COMMISSIONER  OF  PUBLIC  SAFETY 

construction  of  words 2  (20)  50,  5  I 

powers  conferred  by  act  on,  additional 154  239 

right  of  entry  given 156  240 

COMPLIANCE 

certificate  of.  See  Certificate  of  Com- 
pliance 

time  for,  by  owners  of  existing  dwell- 
ings  10  67 

CONCESSIONS 

explanation  of,  in  model  housing  law 22,  23 

CONCRETING 
of  areas,  courts  and  yards 43  130 

CONDEMNATION 

of  infected  and  uninhabitable  houses, 

proceedings  for 1 12,  1 13  194,  196 

CONSTRUCTION 

before  approval  of  plans,  forbidden 140  221 

must  be  in  accordance  with  approved 

plans  and  specifications 140  22 1 

permit  for,  cancellation  of 140  221 

permit  for,  expiration  by  limitation 140  22 1 

permit  necessary 140  22 1 

unlawful,  procedure  to  prevent 144  229 

CONSTRUCTION  OF  CERTAIN  WORDS 2  (20)  50 

CONVENTS 

included  in  Class  B  multiple-dwellings 2  (3)  33 

CONVERSION 

of  building  to  dwelling 3  53 

of  dwellings  of  one  to  another  class 3  53 

CORNER  AND  INTERIOR  LOTS 2  (9)  41 

CORNER  LOT 

definition 2  (9)  41 

See  also  Lot 

CORPORATION  COUNSEL 

construction  of  words 2  (20)  50,  5 1 

COSTS 
in  actions  or  proceedings  under  this  act ...  143,  144  227,  229 

COTTON 

storage  of,  forbidden 107  188 

COURT 

definition 2  (8)  39 

inner,  definition 2  (8)  39 

outer,  definition 2  (8)  39 


INDEX 

SECTION  PAGE 

COURTS 2  (8),  24  39, 89 

access  to  bottom  of 126  217 

and  shafts 1 26  217 

angles  in 27  98 

changes  in  model  housing  law  neces- 
sary to  prohibit 302 

elimination  of,  by  shallow  lots .     301,302 

fire-escapes  in,  forbidden 52,  80  148,  169 

inner,  air-intakes  for 26,  73  96,  163 

inner,  passageways  for 26,  73  96,  163 

minimum  size  not  to  be  decreased  by 

other  buildings 28  99 

new,  in  existing  dwellings 73  163 

open  at  top 25,  73  93,  163 

size  of 24,  73  89,  163 

to  be  concreted  if  required 43  1 30 

to  be  graded  and  drained 43  130 

to  be  kept  clean 101  182 

walls  of,  to  be  whitewashed  or  painted 102  183 

width  of 251 

COURTS,  AREAS  AND  YARDS 43  130 

Cow 

keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  186 

CUBIC  FEETOF  AIR  REQUIRED 1 10  190 

CURB  LEVEL 2  (15)  47 

definition 2(15)  47 


DAMPNESS 

provision  for  ventilation  and  protec- 
tion from 42,  125  128,  216 

DAMP-PROOFING 

of  foundation  walls 42,  125  128,  216 

of  lowest  floor 42,  1 2  5  1 28,  2 1 6 

DANGEROUS  BUILDINGS 
proceedings  relative  to 1 12,  1 13  194,  196 

DANGEROUS  BUSINESSES 108  189 

DEFINITION 
of  certain  words 2  (20)  50,  5 1 

DEFINITIONS 2  29 

DEPARTMENT  CHARGED  WITH  THE  EN- 
FORCEMENT OF  THIS  ACT 

construction  of  words 2  (20)  50,  5 1 

DEPTH  OF  LOT 

definition 2(10)  41 

DIAGRAMS 

model  housing  law,  explanation  of 22 

DIRT 

accumulations  of,  forbidden 101  182 

DISCRETIONARY  POWER 
in  modifying  provisions  of  act  forbidden 6  5  5,  56 

312 


INDEX 

SECTION  PAGE 

DISTANCE 
between  two  buildings 251 

DISTRICTS 
See  Residence  Districts 

DOOR 
sash,  equivalent  of  window 38  124 

DOORS 

at  bottom  of  shafts  and  courts 1 26  217 

fireproof,  to  elevator  shaft 58,  84  1 58,  169 

self-closing,  to  dumb-waiter  shafts 54,  84  1 58,  169 

to  be  kept  clean 101  182 

to  halls  of  dwellings  from  paint,  oil, 

drug  and  liquor  stores  forbidden 108  189 

DRAINAGE 

of  areas,  courts  and  yards 43  130 

of  basement  rooms 41,  42,  94,  125        127,  128,  175,  216 

DRAINS 47,  78  138,  167 

to  be  kept  clean 101  182 

See  also  House  Drains 

DRIP  TRAYS 

prohibited 45,  78  132,  167 

DRUG  STORES 

doors,  windows  or  transoms  to  halls  of 

dwellings  from,  forbidden 108  189 

DUCKS 
keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  186 

DUMB-WAITERS 

and  elevators 58,84  1 58,  169 

enclosed  in  fireproof  shafts 58,  84  1 58,  1 69 

fireproof  doors  to 58,  84  1 58,  169 

self-closing  doors  to 58,  84  1 58,  1 69 

DUPLEX  APARTMENTS 
included  in  Class  A  multiple-dwellings 2  (3)  32 

DWELLING 2(1)  30 

building  on  same  lot  with 28  99 

construction  of  word 2  (20)  5 1 

definition 2(1)  30 

definition  of  fireproof 2(17)  49 

definition  of  multiple 2  (2)  31 

definition  of  private 2  (2)  31 

definition  of  two-family 2  (2)  31 

DWELLINGS 

classes  of 2  (2)  30,  3 1 

cleanliness  of 101  182 

conversion  or  alteration  of  other  build- 
ings to 3  53 

converted  or  altered  from  one  to  an- 
other class 3  53 

dangerous,  proceedings  relative  to 112,  1 13  194,  196 

fireproof,  when  required 50,  79  142,  1 68 

height  of,  proportionate  to  width  of 
street 21,  71  75,  162 

313 


INDEX 

SECTION  PAGE 

DWELLINGS  (Continued) 

ideal  lighting  and  ventilation  of 301,  302 

inspection  of I55  '  240 

keeping  of  animals  in,  or  on  premises 106  186 

may  be  vacated  if  erected,  altered  or 

occupied  contrary  to  law 4  54 

occupation  of  new,  altered  or  con- 
verted, without  certificate  of  com- 
pliance unlawful 141,  142  225,226 

occupied  without  certificate  of  com- 
pliance to  be  vacated 142  226 

repair  of 97  I?8 

to  be  cleaned  to  satisfaction  of  health 

officer ioi  182 

two  rooms  in  depth 301,  302 

DWELLINGS  HEREAFTER  ERECTED 20-62  70-160 

DWELLINGS  MOVED 5  55 

to  be  subject  to  provisions  relating  to 

new  dwellings 5  55 

EARTHENWARE 

house  drains,  prohibited 47,  78  1 38,  1 67 

EFFECT 

time  when  act  takes 1 59  244 

EGRESS 127  217 

existing  fire-escapes  to  have  safe  means 
of,  from  yard  or  court  to  street, 
alley,  or  adjoining  premises 127  217 

means  of,  in  case  of  fire,  51,  52,  53,80,  81,  1 15,  127,     143,148,  152,169, 

128,129      198,217,219,220 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

roof 53,  8 1,  129  152,  169,  220 

second  means  of,  in  Class  A  multiple- 
dwellings  must  be  directly  accessible 
to  each  apartment,  suite  or  group  of 
rooms 51,127  1 43, 217 

second  means  of,  in  Class  B  multiple- 
dwellings  must  be  directly  accessible 
to  public  hall 51,  127  143,  217 

second  means  of,  may  be  balcony  fire- 
escapes,  additional  inside  or  outside 
stairs,  fire-tower 51,127  1 43,  2 1 7 

superintendent  of  buildings  shall  order 
such  additional  means  of,  as  may  be 
necessary 128  219 

superintendent  of  buildings  shall  re- 
quire proper  means  of,  in  case  of  ex- 
isting multiple  dwellings 127  217 

two  separate  means  of,  to  extend  from     . 

entrance  floor  to  roof 51,  127  143,217 

ELEVATOR 

shafts  to  be  fireproof 58,  84  1 58,  169 

shafts  to  have  fireproof  doors 58,  84  1 58,  169 


INDEX 

SECTION  PAGE 

ELEVATORS 58, 84  1 58,  169 

in  well-hole  of  stairs  prohibited 58  1 58 

separated  from  stairs  by  fireproof  walls 58,  84  1 58.  169 

ENACTING  CLAUSE 

of  model  housing  law 28 

ENFORCEMENT 153  237 

of  act,  State  Board  of  Health  may  ex- 
amine into 8  58 

of  housing  laws 6 

of  supplementary  provisions ,  .  .  6  5  5,  56 

ENTRANCE 

outside,  to  cellar  or  lowest  story  re- 
quired   6 1  160 

ENTRANCE  FLOOR 

See  Floor,  Entrance 
ENTRANCE  HALLS 57  157 

See  also  Halls,  Entrance 
ENTRY 

right  of 156  240 

EVICTION 

of  tenant  for  non-compliance  with  act 145  232 

EXCAVATION 

depth  of,  under  entrance  floor 42  1 28 

EXCELSIOR 

storage  of,  forbidden 107  188 

FALSE  SWEARING 

deemed  perjury 140  22 1 

FAMILIES 

number  of,  to  be  registered  in  health 

department 148  234 

FAMILY 2  (5)  34 

definition 2  (5)  34 

FEATHERS 

storage  of,  forbidden 107  188 

FEED 

storage  of,  forbidden 107  188 

FILING 

of  agent's  name  for  service  of  process 149  235 

of  certified  copy  of  judgment 146  232 

of  lis  pendens 147  233 

of  names  and  addresses  of  owner  and 
lessee,  number  of  apartments,  num- 
ber of  rooms  in  each  apartment  and 
number  of  families 148  234 

of  plans,   specifications,    plat   of  lot, 

statement  of  ownership,  etc 140  221 

FILTH 

accumulations  of,  forbidden 101  182 

FINES 

for  violation  of  act 143  227 

lien  upon  property 143  227 

315 


INDEX 

SECTION  PAGE 

FIRE 

means  of  egress  in  case  of,  51,  52,  53,80,81,  1 15,  143,     148,  152,  169,  198, 

127,  128,  129  217,219,220 

space  around   plumbing  pipes  to  be 

made  air-tight  to  prevent  spread  of 47,  78 

FIRE  COMMISSIONER 

permit  required  for  storage  of  com- 
bustible materials 107  188 

FIRE-ESCAPE 

balconies,    covers    over   openings    in, 

prohibited 52,  80  148,  169 

balconies,  lowest,  to  have  drop-ladder 

or  stairs 52,  80,  127  148,  169,217 

balconies  on  top  floor  to  be  provided 
with  stairs  or  ladder  to  roof 52,80  148,  169 

balconies,  openings  for  stairways  in  .  .  ..52,80,  127  148,  169,217 

balconies,  width  of 52,80,  127  148,  169,217 

balcony,  second  means  of  egress 51,  127  143,  2  17 

stairways :  ...  .52,  53,  80,  81,  127,  129  148,  152,  169, 

217,220 
FIRE-ESCAPES 52,  80,  1 14  148,  169,  198 

existing,  not  to  be  extended  or  relo- 
cated except  on  approval  of  superin- 
tendent of  buildings 127  217 

existing,  to  be  made  to  conform  to  cer- 
tain requirements 127  217 

existing,  to  have  safe  means  of  egress 
from  yard  or  court  to  street,  alley, 
or  adjoining  premises 127  217 

in  courts  forbidden 52,  80  148,  169 

incumbrance  of 1 14  198 

located  on  each  story 52,  80  148,  169 

may  project  beyond  building  line 52,  80  148,  169 

must  be  constructed  to  sustain  safe 

load 52,  80  148,  169 

obstruction  of  access  to,  forbidden 52,  80,  127  148,  169,  2  17 

outside  open,  of  iron,  stone  or  concrete 

required 52,  80,  127  148,  169,  217 

outside  stairs  in  lieu  of : 52.  80  148,  169 

painting  of 52,  80,  1 14  148,  169,  198 

superintendent  of  buildings  shall  re- 
quire proper,  in  case  of  existing  mul- 
tiple dwellings 127  217 

supplementary  regulations  of  superin- 
tendent of  buildings  to  govern  con- 
struction of 52,  80  .  148,  169 

to  be  kept  in  good  repair 1 14  198 

FIRE  LIMITS 

construction  of  words 2  (20)  50,  5  i 

FIRE  PREVENTION 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

FIREPROOF 

doors  to  elevator  shaft  and  dumb- 
waiters   58,  84  1 58,  169 

3.6 


INDEX 

SECTION  PAGE 

FIREPROOF  (Continued) 

dwelling,  definition 2(17)  49 

dwellings,  when  required 50,  79  142,  1 68 

enclosure  of  stair  halls 56  155 

scuttles  or  bulkheads  in  roof 53,  82,  129  1 52,  169,  220 

self-closing  doors  in  halls 56  155 

shafts  for  elevators  and  dumb-waiters 58,  84  1 58,  169 

stair  halls 55  153 

FIREPROOF  DWELLING 2(17)  49 

when  required 50  142 

FIREPROOF  DWELLINGS 79  168 

FIRE  PROTECTION 50-62  141-160 

FIRE-TOWER 

second  means  of  egress 51,  127  143,  217 

FLATS 

included  in  Class  A  multiple-dwellings 2  (3)  32 

FLOOR 

area  of  rooms , 31,  74  106,  165 

basement  and  cellar,  to  be  water-tight  ...  .42,  125  128,216 

beneath  and  around  water-closets  and 
sinks  to  be  kept  in  good  order  and 
painted 96,  122,  123  177,  205,  206 

entrance,  air-space  under,  to  be  en- 
closed   42  128 

entrance,  depth  of  excavation  under 42  1 28 

entrance,  elevation  of,  above  ground 42  128 

lowest,  damp-proofing  and  water- 
proofing of 42,  125  128,216 

to  be  kept  clean 101  182 

water  on  each 98  1 79 

water-closet     compartment,     to     be 

water-proof 45,  78,  124  132,  167,  206 

FLOORS,  STAIR  HALL 

See  Halls,  Stair 
FLUSH  TANKS 

to  be  provided  for  new  water-closets 124  206 

FOUNDATION  WALLS 

damp-proofing  and  water-proofing  of 42,  125  128,216 

FRAME 

See  Wooden 
FRONT 

buildings  and  rear,  space  between 28  99 

FRONT  OF  LOT 

definition 2  (10)  41 

FRONT;  REAR;  AND  DEPTH  OF  LOT 2(10)  41 

FRONT  YARDS 

See  Yards 
FURNISHED-ROOM  HOUSES 

included  in  Class  B  multiple-dwellings 2  (3)  33 

GARBAGE 

accumulations  of,  forbidden 101  182 

receptacles  for 105  185 

317 


INDEX 

SECTION  PAGE 

GEESE 

keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  186 

GENERAL  PROVISIONS . i-i  i  28-67 

GENERAL  TOILET  ROOM 

separate  water-closet  compartments  in  .  .35,76,78  115,  166,  167 

supplemental  to  required  water-closets 

not  prohibited 45,  78,  92  132,  167,  173 

GOAT 

keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  186 

GOVERNOR 

may  request  State  Board  of  Health  to 
examine  into  and  report  on  enforce- 
ment of  act : 8  59 

GRADING 

of  areas,  courts  and  yards 43  130 

GREAT  BRITAIN 

lighting  and  ventilation  practice  in 301 

GYMNASIUMS 

windows  in  rooms  used  for 29  1 03 

HABITATION 

basement  rooms  occupied  for  living 

purposes  to  be  fit  for  human 41,  94  127,  175 

dwellings  unfit  for  human,  to  be  va- 
cated   112  194 

new  and  converted  dwellings  occupied 
without  certificate  of  compliance 
deemed  unfit  for 141,  142  225,226 

HALLS 

additional,  to  be  constructed  in  ac- 
cordance with  provisions  of  Article 

II 74  l65 

entrance ...54,57  153,  157 

entrance,  access  from,  to  street  or  alley 

through  yard 57 

entrance,  construction  of 54,  57  '  53«  l  57 

entrance,  width  of 57  '57 

public,  and  stairs 54.  83  '53.  1^9 

public,  construction  of 57,74,83  157,  165,  169 

public,  definition 2(11)  43 

public,  lighting  and  ventilation  of 

36,75,90,91,121        119,165,172,204 
public,  second  means  of  egress  must  be 

directly  accessible  to 51,  127  143,217 

public,  size  of  windows  in 37.  75  I22»  !^5 

public,  skylights  in 37,  77,  121  122,  167,204 

public,  transom,  windows  or  doors  to, 
from  paint,  oil,  drug  and  liquor 

stores  forbidden 108  189 

public,  width  of 54,57,83  '53.  '57,  169 

recessed,  deemed  separate  hall 36  "9 

stair,  construction  of 54,  55,  57,74,^3       '53,  '57,  l65,  169 

318 


INDEX 

SECTION  PAGE 

HALLS  (Continued) 

stair,  definition 2(12)  43 

stair,  fireproof 55  153 

stair,  fireproof  enclosure  of 56  155 

stair,  fireproof  self-closing  doors  in 56  155 

stair,  lighting  and  ventilation  of  .38,  75,  90,  91,  121        124,  165,  172,204 

stair,  size  of  windows 38,  75  124,  165 

stair,  transoms  in,  forbidden 56  155 

stair,  width  of 54,  57,  83  1 53;  1 57,  169 

to  be  kept  clean 101  182 

HAY 
storage  of,  forbidden 107  188 

HEALTH 

storage  of  articles  dangerous  to,  for- 
bidden   107  188 

things  dangerous  or  detrimental  to 112  194 

HEALTH  DEPARTMENT 
construction  of  words 2  (20)  50 

HEALTH  DEPARTMENT  OR  OFFICER 

actions  of,  to  be  regarded  as  judicial 144  229 

additional  powers  conferred  on,  by  act 1 54  239 

approval  of  changes  in  plans  by 140  22 1 

costs,  expenses  or  disbursements  of,  in 

removal  of  nuisance  to  be  paid  by 

owner  or  person  violating  act,  order 

or  notice 143  227 

definition 50 

dwellings  to  be  cleaned  to  satisfaction 

of i  o  i  1 82 

examination  and  approval  of  plans  and 

specifications  by 140  22 1 

filing  of  lis  pendens  by 147  233 

filing  of  plans,  specifications  and  state- 
ments for  construction,  alteration  or 

conversion  of  dwellings  in 140  22 1 

injunction  against,  not  to  be  granted 

except  upon  three  days'  notice 157  242 

inspection  of  dwellings  by 155  240 

may  fix  time  for  compliance  with  act 10  67 

may  institute  proceedings 144  229 

may  order  and  make  repairs 113  196 

may  order  cutting  in  of  windows  and 

skylights  or  other  improvements 121  204 

may  order  dwellings  to  be  vacated  and 

may  revoke  same  or  extend  time  for 

vacation 112  194 

may  require  all-night  lighting  of  public 

halls 91  172 

may  require  artificial  day  lighting  of 

public  halls 91  172 

may    require    concreting    of    courts, 

areas  and  yards 43  130 

may  require  janitor,  housekeeper,  or 

other  responsible  person  to  live  in 

multiple-dwelling 109  189 

319 


INDEX 

SECTION  PAGE 

HEALTH  DEPARTMENT  OR  OFFICER  (Continued) 

may  require  kalsomining  or  painting  of 

walls  and  ceilings  of  interior  rooms 103  183 

may  require  open  plumbing  in   new 

dwellings 47  138 

may  require  plastering  of  cellar  ceilings 125  216 

may  require  renewal  of  paint  or  white- 
wash on  cellar  walls  and  ceilings 95  1 77 

may  require  renewal  of  paint  or  white- 
wash on  walls  of  court 102  183 

may  vacate  infected  or  uninhabitable 

dwellings 112  194 

may  vacate  unlawful  dwellings 4,  142,  54,  226 

not  required  to  give  undertaking 157  242 

not  to  be  liable  for  costs  in  actions 

brought  under  the  act 144  229 

penalty  for  violation  of  order  or  notice 
of 143  227 

powers  conferred  by  act  on,  additional 1 54  239 

preliminary  injunction  against 157  242 

privy  vaults,  school-sinks  and  water- 
closets  to  be  removed  and  place  dis- 
infected under  direction  of  health 
officer 1 24  206 

registry  of  agent's  name  in 1 49  235 

registry  of  owner's  name  and  descrip- 
tion of  property  in 148  234 

revocation  of  approval  or  permit  by 140  22 1 

right  of  entry  given 1 56  240 

service  of  notices  and  orders  of 1 50  235 

service  of  summons  in  actions  brought 

by 151  236 

shall  enforce  provisions  of  act 153  237 

shall  file  certified  copy  of  judgment  in 

office  of  county  clerk 146  232 

shall  index  names  and  addresses  filed 1 52  237 

to  approve  plans  and  specifications  for 
construction,  alteration  or  conver- 
sion of  dwellings .  „ . . 140  22 1 

to  determine  number  of  catch-basins 100  18 1 

to  determine  practicability  of  sewer 

and  water  connections 7  58 

to  determine  size,  number,  construc- 
tion and  maintenance  of  cisterns  and 
wells 99  lSl 

to  determine  size  of  skylights 77  !^7 

to  enforce  act 1 53 

to  grant  certificate  of  compliance. 14'  225 

to  prescribe  conditions  under  which 
certain  animals  may  be  kept  on 
premises  with  dwelling 106 

when,  may  make  repairs ..113  '96 

written  consent  of,  to  be  obtained  be- 
fore letting  lodgings 1 1 1  !92 

written  permit  of,  necessary  for  con- 
struction or  maintenance  of  water- 
closets  in  cellar 45,  92  '32,  «73 

320 


INDEX 

SECTION  PAGE 

HEALTH  DEPARTMENT  OR  OFFICER  (Continued) 

written  permit  of,  necessary  for  occu- 
pation of  basement  rooms  for  living 

purposes ..94  175 

HEALTH  OFFICER 

construction  of  words 2  (20)  50 

See  also  Health  Department 
HEIGHT 2  (14),  21,  71  47,  75,  162 

definition 2  (14)  47 

of  basement  rooms 42,  94  1 28,  1 75 

of  dwellings  proportionate  to  width  of 

street 21,71  75,  162 

of  rooms 32,  74  1 08,  165 

HOOKS 

movable,  allowed  on  scuttles  and  bulk- 
heads   129  220 

HOPPER  CLOSETS 

long,  prohibited 47,  78,  124  138,  167,  206 

HORSE 

not   to   be   kept  on   premises   except 
under     conditions     prescribed     by 

health  officer 106  186 

HOSPITALS 

included  in  Class  B  multiple-dwellings 2  (3)  33 

HOTEL 2  (4)  34 

definition 2  (4)  34 

HOTELS 

included  in  Class  B  multiple-dwellings 2  (3)  33 

HOUSE 

construction  of  word 2  (20)  5  i 

HOUSE  DRAINS 

tile  or  earthenware,  prohibited 47,  78  1 38,  1 67 

HOUSEKEEPER 

when  necessary 109  189 

HOUSES 

continuous    rows   or   terraces   of,    on 

different  size  lots 250,  258,  259,  260, 

261,  283-289 

detached,  on  different  size  lots 250-258,  261-282 

two  main  groups 250 

HOUSING 

methods  for  providing  good 6,  7 

HOUSING  EVILS 

extent  of 1 6 

legislation  effective  remedy  for 5,  6,  7 

present 5 

HOUSING  LAW 

an  ideal 301,  302 

difference     between,,     and     tenement 

house  law 14,  1 5,  16 

difficulty  of  preparing 20 

effort  to  secure  model  tenement  house 

law  instead  of,  sometimes  wise 23 

21  321 


INDEX 

SECTION  PAGE 

HOUSING  LAW  (Continued) 

general,  opposition  to 293 

ideal 301,  302 

ideal,  consideration  of 23 

inadequacy  of  short 21 

model,  adaptation  to  local  conditions 21 

model,  application  of 28 

model,  arguments  against 249 

model,  caution  to  those  using 23,  24 

model,  changes  in,  generally  disastrous 23,  24 

model,  changes  in,  necessary  to  make 

it  a  model  tenement  house  law 293 

model,  changes  in,  necessary  to  pro- 
hibit courts  and  shafts 302 

model,  classification  of  provisions  of 21 

model,  effect  of  on  building  operations 249 

model,  enacting  clause 28 

model,  explanation  of  notes,  diagrams, 

concessions,  and  variations  in 22,  23 

model,  how  to  use '9~24 

model,  importance  of  following  strictly 22,  23,  24 

model,  no  modification  of 6  55 

model,  practicability  of 249 

model,  purpose  of 19,  20 

model,  scope  of 1 1          14,  1 5,  16,  20,  67 

model,  title  of 27,  28 

HOUSING  LAWS 1 1-16 

basis  for,  in  United  States 19 

local  variations  in 19,  20 

HOUSING  LEGISLATION 

aim  of  housing  reformer 14,  15,  1 6 

HOUSING  PROBLEM 

conditions  constituting 4,5 

many  sided 4,  7 

solution  of,  dependent  on  conception 

of  housing  reform 3 

types  of  buildings  included  in 13,  14,  15,  16 

HOUSING  PROBLEMS  IN  AMERICA 193 

(National  Housing  Association  Publications) 

HOUSING  REFORM 

incentive  to  take  up 5 

results  test  of  methods  in 7 

through  attractive  houses 5 

building  code 11,12 

cheap  houses 3 

development  of  garden  cities 5 

education 5 

example 5 

intelligent  city  planning 

legislation 3~7>  '  '-'6 

more  houses 4 

rapid  transit 3»  4»  5 

stimulation  of  country  life 5 

tenement  house  legislation 12,  13,  14 

wise  management 5 

322 


INDEX 


SECTION 

HOUSING  REFORM.    By  Lawrence  Veiller 

HOUSING  REFORM  THROUGH  LEGISLATION 

How  TO  USE  THE  MODEL  LAW 

HUMAN  HABITATION 
See  Habitation 

IDEAL  HOUSING  LAW,  AN 

IMPRISONMENT 
for  violation  of  act 143 

IMPROVEMENTS 

compulsory 120-129 

health    department    may    order    and 

make 1 13,  121 

INCUMBRANCE 

of  fire-escapes 114 

scuttles,  bulkheads,  ladders  and  stairs 

to  be  kept  free  from 1 1 5,  129 

INDEXING  NAMES 152 

INFECTED  AND  UNINHABITABLE  DWELL- 
INGS TO  BE  VACATED 112 

INFECTED  HOUSES 

proceedings  for  vacation  of 112 

INJUNCTION;  UNDERTAKING 157 

INNER  COURTS 

See  Courts 
INSIDE  STAIRS 

See  Stairs 

INSPECTION  OF  DWELLINGS 155 

INTAKES 

See  Air-intakes 
INTERIOR  LOT 

definition 2  (9) 

See  also  Lot 
INTERIOR  ROOMS 

See  Rooms 


3-7 
19-24 


301,  302 

227 

200-220 
196,  2O4 

I98 

198,220 
237 

194 

194 
242 


240 


JAILS 

included  in  Class  B  multiple-dwellings 2  (3) 

JANITOR  OR  HOUSEKEEPER 109 

JUDGMENT 

copy  of,  to  be  filed  in  County  Clerk's 

office 1 46 

to  establish  penalty  as  lien 146 

JUDICIAL 

actions  of  health  officer  to  be  regarded 

as 144 

JUNK 

storage  and  handling  of,  forbidden 106 

323 


33 

189 


232 
232 


229 
1 86 


INDEX 

SECTION  PAGE 

KALSOMINING 
of  walls  and  ceilings 103  -  183 

KEY- LOCKS 

to  be  removed  from  roof  bulkheads 
and  scuttles 129  220 

KITCHENETTE  APARTMENTS 
included  in  Class  A  multiple-dwellings 2(3)  32 


LADDERS 

leading  to  roof  bulkhead  or  scuttle.  .53,  81,  115,       152,  169,  198,220 

129 
to  scuttle  or  bulkheads  to  be  easily 

accessible  to  all  occupants 1 1 5,  129  198,  220 

to  scuttle  or  bulkhead  to  be  kept  free 

from  incumbrance 1 15,  129  198,  220 

LAWS  REPEALED 1 58  242 

LAWS 

See  Act;    Housing  Law;    Tenement 
House  Law 

LEADERS 
rain,  necessary 97  178 

LEAKY  ROOFS 97  178 

LEGAL  PROVISIONS 140-159  221-245 

LEGISLATION 

enforcement  of 6 

housing  reform  through 3-7,  11-16 

kind  of,  required  for  housing  reform 1 1-16 

See    also    Housing    Law;      Tenement 
House  Law 

LESSEE 
may  file  agent's  name  for  service  of 

process 149  235 

of  whole  house  to  register  name  and 

address 148  234 

LIEN 
fine  for  violation  of  act  or  order  of 

health  officer,  upon  property 143  227 

LIENS 146  232 

LIFE 

storage  of  articles  dangerous  to,  for- 
bidden   107  188 

LIGHT 

and  ventilation 20-39  71-126 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

LIGHTING 

ideal,  of  dwellings 30'.  3°2 

night,  of  halls  and  stairs 91  1 72 

night,  of  water-closet  compartments 45,  78  132,  167 

of  alcoves  and  alcove  rooms 33,  75,  76  1 10,  165,  166 

324 


INDEX 

SECTION  PAGE 

LIGHTING  (Continued) 

of  basements 41,  42,  94  127,  128,  175 

of  bathrooms 35,  76  1 15,  166 

of  cellars 42,  125  128,216 

of  halls  and  stairs  by  day 90  1 72 

of  interior  rooms 120  200 

of  public  halls 36,  75,  90,  91,  121  1 19,  165,  172,  204 

of  rooms 29,  30,  33,  75,  76,  120  103,  105,  1 10,  165, 

1 66,  200 

of  stair  halls 38,  75,  90,  91,  121  124,  165,  172,204 

of  water-closet  compartments  .  .35,45,76,78,  124  115,  132,  166,  167, 

206 

walls  and  ceilings  to  be  kalsomined 
or  painted  white  if  necessary  to  im- 
prove   103  183 

LIQUOR  STORES 
doors,  windows  or  transoms  to  halls 

of  dwellings  forbidden 108  189 

Lis  PENDENS 147  233 

LIVING  ROOMS 

access  to 34  1 14 

in  basement,  conditions  of  occupancy 41,94  127,  175 

in  cellar,  prohibited 40,94  127,  175 

LOCKING 

of  scuttle  or  bulkhead  door  forbidden  .  ...115,  129  198,220 

LOCKS 

key,  to  be  removed  from  scuttles  and 

bulkheads 129  220 

LODGERS  PROHIBITED 1 1 1  192 

LODGING  HOUSES 
included  in  Class  B  multiple-dwellings 2  (3)  33 

LODGINGS 
letting  of,  in  dwellings  without  consent 

of  health  officer  prohibited 1 1  i  192 

occupant   responsible  for  compliance 

with  provisions  relating  to 1 1 1  192 

owner  responsible  for  compliance  with 

provisions  relating  to 1 1 1  192 

LOT 

building  on  same,  with  dwelling 28  99 

construction  of  word 2  (20)  5  i 

corner,  definition 2  (9)  41 

front,  rear  and  depth  of,  definition 2(10)  41 

percentage  of,  permitted  to  be  occupied  ...  .20,  70  71,  161,251 

plat  of,  to  be  submitted  with  plans  and 

specifications,  for  approval  of  health 

officer 140  22 1 

LOTS 

corner  and  interior,  definition 2  (9)  41 

different    size,    development    of   each 

kind  of  building  on 249-289 

shallow,  required  for  ideal  lighting  and 

ventilation  conditions '  301,  302 

325 


INDEX 

SECTION  PAGE 

MAINTENANCE 90-1 15  172-199 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

unlawful,  procedure  to  prevent 144  229 

MANDATORY  PROVISION  OF  ACT 2  (20)  50 

MAYOR 

construction  of  word 2  (20)  50,  5 1 

MEANS  OF  EGRESS 51  143 

See  also  Egress 
METHODS 

results  test  of,  in  housing  reform 7 

MINIMUM  REQUIREMENTS;   LAW  NOT  TO 

BE  MODIFIED ...  .6  55 

MISDEMEANOR 

violation  of  act  is  a 143  227 

MIXED  OCCUPANCY 2  (6)  35 

definition 2  (6)  35 

MODEL  HOUSING  LAW 
See  Housing  Law,  Model 

MODEL  TENEMENT  HOUSE  LAW,  A 293-298 

MODEL  TENEMENT  HOUSE  LAW,  A.     By 

Lawrence  Veiller 19 

See  also  Tenement  House  Law,  Model 
MODIFICATION 

of  law  forbidden 6  55 

MULTIPLE-DWELLINGS 
alteration    or   conversion   of   wooden 

buildings  to,  prohibited 62  160 

Class  A,  definition 2  (3)  32 

Class  B,  definition 2  (3)  32,  33 

classes  of 2(3)  32 

construction  of  word 2  (20)  5 1 

definition 2  (2)  31 

enlargement  of  existing,  except  for 
water-closets  or  bathrooms,  pro- 
hibited  85 

erection  of  wooden,  prohibited 62  160 

existing  wooden  buildings  on  same  lot 
with,  within  fire  limits,  not  to  be  en- 
larged  86  171 

wooden  buildings  not  to  be  placed  on 

same  lot  with;  within  fire  limits 86  171 

MUNICIPAL  AUTHORITIES 
action    of,    not    to    modify,    repeal, 
amend,  or  dispense  with  any  pro- 
vision of  act 6  55 

may  make  and  enforce  supplementary 
provisions  to  act 

NAME 

of  agent  may  be  registered 149 

of  lessee  of  whole  house  to  be  registered 148 

of  owner  to  be  registered I48  234 

326 


INDEX 

SECTION  PAGE 

NAMES 

indexing,  and  addresses 1 52  237 

NEW  COURTS  IN  EXISTING  DWELLINGS' 73  163 

NEW  DWELLINGS 

occupation  of,  without  certificate  of 

compliance  unlawful 141,  142  225,  226 

occupied  without  certificate  of  com- 
pliance to  be  vacated 142  226 

permit  necessary 140  22 1 

provisions  relating  to 20-62  70-160 

NEW  YORK 

definition  of  tenement  house  in 13 

NIGHT-LIGHTING 

of  halls  and  stairs 91  1 72 

of  water-closet  compartments 45,  78  132,  167 

NOTES 

explanation  of,  in  model  housing  law 22 

NOTICES 

service  of 150  235 

NUISANCE 2(19)    '  50 

abatement  of,  procedure  for 1 12,  1 13,  144  194,  196,  229 

definition 2(19)  50 

OCCUPANCY 

change  in 4  54 

change  in,  of  dwellings  erected  subse- 
quent to  act,  in  violation  thereof, 

forbidden 4  54 

mixed,  definition (2)6 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

OCCUPANT 

responsible  for  compliance  with  pro- 
visions relating  to  lodgers 1 1 1  192 

to  keep  dwellings  clean i  o  i  1 82 

to   provide   receptacles  for  garbage, 

ashes,  rubbish  and  refuse 105  185 

OCCUPANTS 

scuttles,  bulkheads,  ladders  and  stairs 

to  be  easily  accessible  to 1 15,  129  198,  220 

OCCUPATION 

of  basement  rooms  for  living  purposes 4'»94  '27,  175 

of  cellar  rooms  for  living  purposes  pro- 
hibited   40,  94  127,  175 

of  interior  rooms 1 20  200 

of  new  or  converted  dwelling  without 

certificate  of  compliance  unlawful 141,  142  225,226 

percentage  of  lot  allowed  for 20,  70  71,  161,251 

unlawful,  procedure  to  prevent .  . 144  229 

OCCUPIED 

construction  of  word 2  (20)  5 1 

OCCUPIED  SPACES 2  (16)  48 

definition 2(16)  48 

327 


INDEX 

SECTION  PAGE 

OPEN  PLUMBING 

required.. 47,78  138,167 

OPEN  SPACE  • 

between  buildings  on  same  lot 28  99 

table  showing,  requirements 251 

OPERATIONS 

building,  effect  of  act  on 249 

ORDERS 

service  of 150  235 

ORDINANCES 

construction  of  word 2  (20)  50,  5 1 

inconsistent  with  act  repealed 1 58  242 

not  to  modify  minimum  requirements 
of  act 6  55 

OUTDOOR  WATER-CLOSETS 

prohibited 45,  78,  124  132,  167,  206 

OUTER  COURT 

See  Court 
OUTSIDE  PORCHES 39  124 

See  Porches,  Outside 

OUTSIDE  STAIRS 

in  lieu  of  fire-escapes 52,  80  148,  169 

second  means  of  egress 51,  127  143,  2  17 

OVERCROWDING 1 10  190 

OWNER 

may  file  agent's  name  for  service  of 

process 149  235 

registry  of  name  of 148  234 

responsible  for  compliance  with  pro- 
visions relating  to  lodgers 1 1 1  192 

to  file  plans  for  new  buildings  or  al- 
terations   140  22 1 

to  keep  dwellings  clean 101  182 

to  paint  or  whitewash  walls  of  courts 102  183 

to  pay  costs  in  removal  of  nuisance 143  227 

to  provide   receptacles  for   garbage, 

ashes,  rubbish  and  refuse 105  185 

OWNERSHIP 

statement    of,    names    of    interested 
parties  and  residences  to  be  filed 
with  plans 140  22  i 

PAINTING 

of  cellar  walls  and  ceilings 95  1 77 

of  fire-escapes • 52,  80,  i  14  148,  169,  198 

of  surfaces  beneath  and  around  water- 
closets  and  sinks 96,  122,  123  177,  205,  206 

of  walls  and  ceilings 103  183 

of  walls  of  courts 102  183 

PAINT  STORES 
doors,  windows  or  transoms  to  halls 

of  dwellings  from,  forbidden 108  189 

328 


INDEX 


PAN  CLOSETS 

prohibited 47,  78,  124 

PAPER 

See  Wall  Paper 

PAPER  STOCK 
storage  of,  forbidden 107 

PARTITIONS 
for  water-closet  compartments 45,  78,  124 

PASSAGES 

to  be  kept  clean 101 

PASSAGEWAYS 
for  inner  courts ; 26,  73 

PENALTIES  FOR  VIOLATIONS 143 

PENALTY 
judgment  to  establish,  as  lien 146 

PENDING  SUIT 
notice  of 147 

PERCENTAGE  OF  LOT  OCCUPIED 20,  70 

PERJURY 
false  swearing  deemed 140 

PERMIT 
cancellation    of,    for    alterations    and 

construction 140 

expiration  by  limitation  of,  for  altera- 
tions and  construction 140 

for  occupation  of  basement  rooms 94 

for  storage  of  combustible  materials 107 

to  commence  new  buildings  or  make 
alterations 140 

PIPES 

space   around    plumbing,    to   be   air- 
tight  47,78 

PLANS 
alterations  and  construction  must  be 

in  accordance  with  approved 140 

alterations  before  approval  of  plans 

forbidden 140 

certificate  of  approval  of,  to  be  issued 140 

changes  in,  to  be  approved  by  health 

department 140 

may  be  amended 140 

not  to  be  removed  from  health  de- 
partment   140 

plat  of  lot  to  be  filed  with 140 

showing  practicability  of  act 

to  be  examined 140 

to  be  filed  by  owner,  agent  or  architect 140 

to  be  public  records 140 

to  conform  to  acts  and  ordinances 140 

PLASTERING 
of  cellar  ceiling 125 

329 


PAGE 
138,    167,  2O6 

1 88 

132,  167,  206 
182 

96,  163 
227 

232 

233 
71,  161,251 


221 


221 
221 


138,  167 


221 


221 
221 


221 

221 


221 

249-289 
221 
221 
221 
221 


2l6 


INDEX 

SECTION  PAGE 

PLUMBING 47  138 

fixtures,  enclosure  of,  prohibited 47,  78  138,  167 

fixtures  to  be  trapped 47,  78,  124  138,  167,206 

open,  required 47,  78  138,  167 

pipes,  space  around,  to  be  made  air- 
tight   47,  78  1 38,  167 

pipes  to  be  exposed 47,  78  1 38,  1 67 

sanitary,  required 47,  78,  124  138,  167,  206 

system  to  be  connected  with  public 
sewer  and  city  water  supply  before 

occupation 46  137 

to  be  in   accordance  with   plumbing 

regulations 47,  78,  124  138,  167,206 

PLUNGER  CLOSETS 

prohibited 47,  78,  124  138,  167,  206 

PORCHES 

outside,  definition 39  124,  125 

outside,  diminishing  light  and  ventila- 
tion, prohibited 39  124,  125 

POSTING 
of  notices,  orders  or  summons,   and 

mailing  copy  thereof,  lawful  service . .  . .  1 50,  1 5 1  235,  236 

POWERS  CONFERRED 1 54  239 

PRACTICABILITY 
of  model  housing  law 249 

PREMISES 
construction  of  word 2  (20)  5  i 

PRIVACY 34  114 

PRIVATE  DWELLING 
definition 2  (2)  31 

PRIVIES 
to  be  kept  clean 101  182 

PRIVY  VAULTS 

prohibited 46,  124  137,  206 

substitution  of  water-closets  for 124  206 

PRIVY    VAULTS,     SCHOOL    SINKS    AND 
WATER-CLOSETS 124  206 

PROCEDURE 144  229 

PROCEEDINGS 

costs  of 143,  144  227,  229 

for  removal  of  nuisances 112,  113,  144  194,  196,229 

for  vacation  of  infected  and  uninhabit- 
able houses 1 12,  1 13  194,  196 

to  prevent  conduct  of  unlawful  busi- 
nesses   144  229 

PROCESS 
filing  of  agent's  name  for  service  of .  ...  .  .  149  235 

PROHIBITED  USES 106  186 

PROPERTY  DIVISIONS 
changes  in,  necessary  for  ideal  light- 
ing and  ventilation  of  dwellings 301, 302 

330 


INDEX 


PROVISIONS 

applicable  to  alteration  of  dwellings 70-86 

applicable  to  new  dwellings 20-62 

enforcement  of,  of  act 153 

fire  protection 50-62 

general i-i  i 

improvement 120-129 

legal 140-1 59 

light  and  ventilation 20-39 

maintenance 90-1 1 5 

not  to  be  modified 6 

of  act,  to  govern  in  all  cases 158 

of  other  acts  repealed 1 58 

sanitary 40-47 

PUBLIC  HALL 2(11) 

definition 2(11) 

PUBLIC  HALLS 36 

lighting 90,91 

See  also  Halls,  Public 

PUBLIC   HALLS  AND  STAIRS 

lighting  and  ventilation  of 121 

PUBLIC  HALLS 

PUBLIC  RECORDS 

indexes  of  names  and  addresses  to  be 152 

plans  and  specifications  to  be 140 

PUMPS 

and  tanks  to  be  provided 98 

PUNISHMENT 

for  violation  of  act 143 

PURPOSE 

of  model  housing  law 


161-171 
70-160 

237 

141-160 

28-67 

200-220 

221-245 

71-126 

172-199 

55 

242 

242 

127-140 

43 
43 
119 
172 


204 
237 

221 

I79 

227 

19,  2O 


RAGS 

storage  and  handling  of,  forbidden 

RAIN  LEADERS 

REAR 

buildings  and  front,  space  between  .  .  .  . 
REAR  OF  LOT 

definition 

REAR  YARDS 

See  Yards 
RECEPTACLES  FOR  ASHES,  GARBAGE  AND 

RUBBISH 

RECESSED  HALL 

deemed  separate  hall 

RECORDS 

public,  plans  to  be 

public,    indexes    of    names    and    ad- 
dresses to  be 

REFORM,  HOUSING 

See  Housing  Reform 

33' 


1 06,  107 
97 

28 

..2(10) 


.  105 
..36 
.  140 
•  152 


1 86,  1 88 
178 

99 


185 
119 

221 
237 


INDEX 

SECTION  PAGE 

REFUSE 

receptacles  for ; 105  185 

REGISTRY 

of  names  and  addresses  of  agent, 
owner  and  lessee,  number  of  apart- 
ments, number  of  rooms  in  each 

apartment  and  number  of  families 148,  149  234,235 

REGULATIONS 

construction  of  word 2  (20)  50,  5 1 

local,  not  to  modify  minimum  re- 
quirements of  act 6  55 

plumbing....  47,78,124  138,167,206 

REMEDIES 140-159  221-245 

REMOVAL  OF  DWELLING 
places  it  under  provisions  of  act  re- 
lating to  new  dwellings 5  55 

RENT 
not  recoverable  when  new  or  converted 

dwellings  are  occupied  unlawfully 142  226 

REPAIR 

fire-escapes  to  be  kept  in  good 114  198 

REPAI  RS 97  1 78 

to  buildings,  etc 113  196 

when,  may  be  made  by  health  officer 113  196 

REPEAL. 158  242 

of  minimum  requirements  of  law  for- 
bidden  6  55 

REQUIREMENTS 

and  remedies 140-159  221-245 

provisions  of  act,  minimum 6  55 

RESIDENCE  DISTRICTS 9  59 

exceptions  permitted  in 28  99 

how  abolished 9  59 

how  established 9  59 

restrictions  governing 9  59 

RESPONSIBILITY 
tenant's 145  232 

RESULTS 
in  housing  reform,  test  of  methods 7 

RIGHT  OF  ENTRY 1 56  240 

RISERS,  STAIR 
See  Stairs,  Construction  of 

ROOF  BULKHEADS 
See  Bulkheads 

ROOF  EGRESS 
See  Egress,  Roof 

ROOF    EGRESS;     SCUTTLES   AND    BULK- 
HEADS    53  152 

ROOF   EGRESS;    SCUTTLES,   BULKHEADS, 
LADDERS,  AND  STAIRS 129  220 

332 


INDEX 

SECTION  PAGE 

ROOF  STAIRS .81  169 

See  Stairs,  Roof 

ROOFS 

to  be  kept  clean 101  182 

to  be  kept  in  good  repair  and  not  to 
leak 97  178 

ROOMS 

additional,  to  be  constructed  in  ac- 
cordance with  provisions  of  Article 

II 74  165 

air  space  required  in no  190 

alcove,  lighting  and  ventilation  of 33,  75,  76  1 10,  165,  166 

basement.     See  Basement 
cellar.     See  Cellar 

height  of 32,  74  1 08,  165 

interior,  lighting  and  ventilation  of 120  200 

interior,  location  of  windows  in 120  200 

interior,  occupation  of 1 20  200 

interior,  skylights  for 120  200 

lighting  and  ventilation  of . .  .29,  30,  33,75,  76,  J2O      103,  105,  1 10,  165, 

1 66,  200 

minimum  height  of 32,  74  108.  165 

minimum  width  of 31,  74  106,  165 

not  to  be  overcrowded 1 10  190 

number  of,  in  each  apartment  to  be 

registered  in  health  department 148  234 

size  of 31,  74  106,  165 

subdivision  of  existing 76  166 

to  be  kept  clean 101  182 

walls  and  ceilings  of  inner,  to  be  kal- 
somined  or  painted  white  to  improve 

lighting,  if  required  by  health  officer 103  183 

windows  in,  location  of 29,  76  103,  1 66 

windows  in,  size  of 30,  76  105,  166 

ROOMS  AND  HALLS 
lighting  and  ventilation  of 75  165 

RUBBISH 

accumulation  of,  forbidden 101  182 

receptacles  for 105  185 

RULING 

of  local  authorities  not  to  modify  mini- 
mum requirements  of  act 6  55 


SANITARY  PLUMBING  REQUIRED 47,  78,  124  138,  167,  206 

SANITATION 40-47  127-140 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

SASH  DOOR 

equivalent  of  window 38  1 24 

SCHOOL-SINKS 

substitution  of  water-closets  for 124  206 

333 


INDEX 

SECTION  PAGE 
SCOPE 

of  Act ii  67 

of  building  code 11,12 

of  model  housing  law 14,  1 5,  16,  20 

SCUTTLES 

roof,  access  to,  shall  be  direct 53,  129  1 52,  220 

fireproof 53,  82,  1 29  1 52,  1 69,  220 

hinged,  may  be  required  by  super- 
intendent of  buildings 129  220 

key-locks  on,  to  be  removed 129  220 

location  of,  in'rooms  forbidden 129  220 

locking  of,  forbidden 1 15,  129  198,  220 

movable  bolts  or  hooks  allowed  on 129  220 

size  of 53,  129  1 52,  220 

stair  leading  to 53,  81,  1 15,  129       152,  169,  198,  220 

to  be  easily  accessible  to  all  occu- 
pants   115,  129  198,  220 

to  be  kept  free  from  incumbrance 115,  129  198,  220 

to  be  located  in  ceiling  of  public  hall  ....  53,  129  1 52,  220 

SCUTTLES,    BULKHEADS,    LADDERS   AND 

STAI  RS 115  1 98 

SERVICE 

of  notices,  orders,  and  summons.  .  .  .143,  150,  151  227,235.236 

of  process,  filing  of  agent's  name  for 1 49  235 

SEWAGE 

provisions  for  disposal  of 46,  100,  124  137,  181,206 

SEWER 

catch-basins    to    be    provided    where 

there  is  no,  system 100  181 

connection 46  137 

SEWER  CONNECTIONS 7  58 

and  water  supply 7  58 

practicability  of,   decided   by   health 

officer 7  58 

to  be  made  within  certain  time  limit 124  206 

where  provisions  of  act   relative  to, 

apply--                                                         7  58 

SHAFTS 

access  to  bottom  of 126  217 

and  courts 126  217 

construction  of 58,84  158,  169 

doors  at  bottom  of 1 26  217 

elimination  of,  by  shallow  lots 301,  302 

fireproof  doors  to 58,  84  1 58,  1 69 

fireproof,   for  dumb-waiters  and  ele- 
vators   58,  84  1 58,  1 69 

self-closing  doors  to 58,  84  1 58,  169 

SHEEP 

keeping  of,  in  dwelling  or  on  premises 
of  multiple-dwellings,  prohibited 106  186 

SHORT  TITLE  AND  APPLICATION i  28 

SIDE  YARDS 23  86 

See  also  Yards 

334 


INDEX 

SECTION  PAGE 

SINK 

in  each  apartment,  suite  or  group  of 

rooms 44  132 

SINKS 122  205 

school 1 24  206 

school,  substitution  of  water-closets  for 124  206 

surfaces   beneath  and  around,   to  be 

kept  in  good  order  and  painted 96,  122  177,  205 

wooden,  prohibited * 47,  78  138,  167 

woodwork  under 96,  122  177,  205 

SIZE 

of  courts 24,  28,  73  89,  99,  1 63,  2  5 1 

of  roof  bulkheads  and  scuttles 53,  129  1 52,  220 

of  rooms 3 1,  74  1 06,  165 

of  skylights 77  167 

of  water-closet  compartments 45,  78  132,  167 

of  windows 94  175 

See  also  Windows 

of  yards 22,  23,  28,  72     77,86,99,  162,251 

SKYLIGHTS 77  167 

health  department  may  order  cutting 

in  of 121  204 

in  interior  rooms 120  200 

in  public  halls 37,  77,  121  122,  167,  204 

ventilating,  may  be  used  in  water- 
closet  compartments  on  top  floor  of 
existing  dwellings 78  167 

SOLUTION  OF  HOUSING  PROBLEM 

See  Housing  Problem;  Housing  Reform 
SPACE 

around  plumbing  pipes  to  be  air-tight 47,  78  138,  167 

between  buildings 251 

table  showing  open,  requirement •  251 

underneath  sinks  and  water-closets  to 

be  kept  open 122,  123  205,  206 

unoccupied,     between     buildings    on 

same  lot 28  99 

SPACES 

occupied,  definition 2(16)  48 

SPECIFICATIONS 
approved,  alterations  and  construction 

must  be  in  accordance  with 140  22 1 

may  be  amended 140  22 1 

not  to  be  removed  from  health  de- 
partment   140  22 1 

plat  of  lot,  to  be  filed  with  plans  and 140  22 1 

to  be  examined 140  22 1 

to  be  filed  by  owner,  agent  or  architect 140  22 1 

to  be  public  records 140  22 1 

to  conform  to  acts  and  ordinances 140  22 1 

SQUASH  COURTS 

windows  in  rooms  used  for 29  1 03 

STABLE 

in  dwelling,  or  on  premises,  prohibited 106  186 

335 


INDEX 

SECTION  PAGE 

STABLE  (Continued) 

on  rear  of  lot  permitted  in  certain  cases 28  99 

STAIR  ENCLOSURES 56  155 

STAIR  HALLS ..2(12),  55  43,  m 

See  Halls,  Stair 
STAIRS 
additional   inside  or  outside,   second 

means  of  egress .51,  127  143,217 

and  public  halls 54  153 

bulkheads  to  have,  with  guide  or  hand- 
rail   129  220 

cellar,  inside,  prohibited 59  159 

closet  under,  to  upper  stories  forbidden 60  160 

construction  of 54.  55  153 

elevators  in  well-hole  of,  prohibited 58  1 58 

elevators  separated  from,  by  fireproof 

walls 58,  84  1 58,  169 

from  entrance  floor  to  roof 54  153 

leading  to  roof  bulkhead  or  scuttle  .53,54,81,  115,      152,  153,  169,  198, 

129  220 

outside,  in  lieu  of  fire-escapes 52,  80  148,  169 

roof,  not  to  be  removed  or  replaced 

with  ladder 81  169 

scuttle  or  bulkhead,  to  be  easily  ac- 
cessible to  all  occupants 1 1 5,  129  198,  220 

to  be  kept  free  from  incumbrance 1 1 5,  129  198,  220 

to  be  kept  clean 101  182 

winding,  prohibited 54  153 

wooden  hand-rails  to 55  153 

STAIRWAYS 83  169 

fire-escape 52,  53,  80,  81,  127,  129      148,  152,  169,217, 

220 

STATE  BOARD  OF  HEALTH 8  58 

at  request  of  governor  shall  examine 

into  and  report  on  enforcement  of 

act 8  59 

may  examine  into  enforcement  of  act 8  58 

STATUTES 
inconsistent  with  act  repealed 158  242 

STORAGE 

and  handling  of  rags  and  junk  for- 
bidden   106  186 

of  articles  dangerous  to  life  or  health 

forbidden 107  188 

of  combustible  materials  prohibited 107  188 

of  cotton,  excelsior,  feathers,  feed,  hay, 
paper  stock,  rags  and  straw  for- 
bidden  107  188 

STORES 

paint,  oil,  drug  and  liquor,  doors,  win- 
dows or  transoms  to  halls  of  dwell- 
ings from,  prohibited 108  189 

STRAW 

storage  of,  forbidden 107  188 

336 


INDEX 

SECTION  PAGE 

STREET 

construction  of  word 2  (20)  5  i 

width  of,  to  regulate  height  of  dwelling 21,71  75,  162 

STUDIO  APARTMENTS 

included  in  Class  A  multiple-dwellings 2(3)  32 

SUBDIVISION 

of  existing  rooms 76  166 

SUIT  PENDING 

notice  of 147  233 

SUMMONS 

service  of 151  236 

SUPERINTENDENT  OF  BUILDINGS 

construction  of  words 2  (20)  50 

existing  fire-escapes  not  to  be  extended 

or  relocated  except  on  approval  of 127  217 

may  require  hinged  scuttles 129  220 

powers  conferred  by  act  on,  additional 154  239 

shall  order  such  additional  means  of 

egress  as  may  be  necessary 128  219 

shall  require  proper  means  of  egress  in 

case  of  existing  multiple-dwellings 127  217 

supplementary  regulations  of,  to  gov- 
ern construction  of  fire-escapes 52,  80  148.,  169 

to  enforce  certain  provisions  of  act 153  237 

SUPPLEMENTARY  PROVISIONS 

municipal   authorities   empowered   to 

enact  and  enforce  certain  ones 6  55,56 

SUPREME  COURT 
injunction  against  health  department 

granted  only  by 157  242 

SWEARING 
false,  deemed  perjury 140  22 1 

SWIMMING  POOLS 
windows  in  rooms  containing 29  103 

SWINE 

keeping  of,  in  dwellings  or  on  prem- 
ises of  multiple-dwellings  prohibited 106  186 

TABLE  SHOWING  OPEN  SPACE  REQUIRE- 
MENTS    251 

TANKS 

and  pumps  to  be  provided 98  1 79 

See  also  Flush  Tanks 

TAXPAYER 

may  bring  action  for  enforcement  of 

act 153  237 

TENANT 

eviction  of,  for  non-compliance  with 

act 145  232 

See  also  Occupant 

TENANT'S  RESPONSIBILITY 145  232 

337 


INDEX 

SECTION  PAGE 

TENEMENT  HOUSE 

definition 13,  293 

TENEMENT  HOUSE  LAW 

difference  between,  and  building  code 11,12,13 

difference  between,  and  housing  law 14,  1 5,  16 

scope  of 12,  13,  14 

TENEMENT  HOUSE  LAW,  MODEL 293-298 

changes  necessary  in  model  housing 

law  to  make  it 293 

effort  to  secure,  instead  of  housing 

law  sometimes  wise 23 

TENEMENT  HOUSE  LAWS 1 1-16 

TENEMENT  HOUSE  REFORM 

See  Housing  Reform 
TENEMENT  HOUSES 

included  in  Class  A  multiple-dwelling 2  (3)  32 

TILE 

house  drains,  prohibited 47,  78  138,  167 

TIME 

for  compliance 10  67 

when  act  takes  effect 159  244 

TITLE 

of  model  housing  law 27,  28 

TOILET  ROOM 

general,    supplementary    to    required 

water-closets,  not  prohibited 45,78,92  132,  167,  173 

TOWER 

fire,  second  means  of  egress 51,  127  143,217 

TRANSOMS 

in  stair  halls  forbidden 56  155 

to  halls  of  dwellings  from  paint,  oil, 

drug  and  liquor  stores  forbidden 108  189 

TRAPPING 

of  plumbing  fixtures  required 47,  78,  124  138,  167,206 

TRAYS 45,  78  132,  167 

See  Drip  Trays 

TREADS,  STAIR 

See  Stairs,  Construction  of 

TWO-FAMILY  DWELLING 

construction  of  words 2  (20)  5  i 

definition 2  (2)  31 

TYPES 

of  buildings  included  in  housing  prob- 
lem   13,14,15,16 


UNDERTAKING 

not  necessary  for  health  department 

to  give 15?  242 

UNINHABITABLE  HOUSES 

proceedings  for  vacation  of 112  194 

338 


INDEX 

SECTION  PAGE 

UNITED  STATES 

basis  for  housing  laws  in 19 

UNLAWFUL  BUSINESSES 

procedure  to  prevent  conduct  of 144  229 

UNLAWFUL  OCCUPATION 142  226 

USE 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

USED 

construction  of  word 2  (20)  5 1 

USES 

prohibited 106  186 


VACATION 

health  department  may  extend  time 

for 112  194 

of  dwellings  erected,  altered  or  occu- 
pied contrary  to  law 4  54 

of  dwellings  unfit  for  human  habitation 112  194 

of  new  and  converted  dwellings  occu- 
pied without  certificate  of  compli- 
ance   142  226 

of  premises,  procedure  for 1 12,  1 13,  144  194,  196,  229 

VARIATIONS 

explanation  of,  in  model  housing  law 23 

local,  in  housing  laws 19,  20 

VAULTS 

privy,  prohibited 46,  124  137,  206 

substitution  of  water-closets  for 124  206 

VEILLER,  LAWRENCE 

A  Model  Tenement  House  Law 19 

Housing  Reform 51 

VENTILATING  SKYLIGHTS 77  167 

in  public  halls 37,  77,  121  122,  167,204 

VENTILATION 

and  light 20-39  71-126 

ideal,  of  dwellings 301,  302 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 6  55 

of  alcoves  and  alcove  rooms 33,  75,  76  1 10,  165,  166 

of  basement 41, 42, 94  127,  128,  175 

of  bathrooms 35,  76  1 1 5,  166 

of  cellars 42,  125  128,216 

of  interior  rooms 120  200 

of  public  halls 36,  75,  121  1 19,  165,  204 

of  rooms 29,  30,  33,  75,  76,  120      103,  105,  1 10,  165, 

166,200 

of  stair  halls 38,  75,  121  124,  165,  204 

outside  porches  diminishing,  prohibited 39  124,  125 

space  under  entrance  floor 42  128 

VIOLATIONS 

penalties  for 143  227 

procedure  for  prevention  of,  of  act 144  229 

339 


INDEX 

SECTION  PAGE 

WALL  PAPER 104  184 

WALLS 

and  ceilings  of  rooms 103  183 

around  water-closets  and  sinks  to  be 

kept  in  good  order  and  painted 96,  1 22,  1 23  1 77,  205,  206 

foundation,  damp-proofing  and  water- 
proofing of 42  128 

no  paper  to  be  placed  on,  until  old 

paper  is  removed 104  184 

of  cellar,  to  be  painted  or  whitewashed 95  1 77 

of  courts,  to  be  painted  or  whitewashed 102  183 

of  rooms,  to  be  kalsomined  or  painted 

white 103  183 

roofs  to  be  drained  so  as  not  to  cause 

dampness  in 97  1 78 

to  be  cleaned  before  papering 104  184 

to  be  kept  clean 101  182 

WASH-BOWL 

in  each  apartment,  suite  or  group  of 

rooms 44  132 

WASH-TRAYS 

wooden,  prohibited 47,  78  138,  167 

WATER-CLOSET 

accommodations 45,  78,93  132,  167,  174 

compartments,  access  to 34  114 

base  and  floors  to  be  waterproof 45,78,  124  132,  167,206 

in  general  toilet  room 35,  76,  78  115,  166,  167 

lighting  and  ventilation  of.  .  .  .35,  45,  76,  78,  124      1 15,  132,  166,  167, 

206 

new,  on  top  floor  of  existing  dwell- 
ings  78  167 

partitions  for 45,  78,  124  132,  167,  206 

size  of 45,  78  132,  167 

defective  or  antiquated,   fixtures  re- 
placed  78  167 

general,     accommodations    in     cellar 

prohibited 92  1 73 

WATER-CLOSET  COMPARTMENTS  AND  BATHROOMS 

lighting  and  ventilation  of 35  115 

WATER-CLOSETS 123  206 

and  sinks 96  177 

flush  tanks  to  be  provided  for  new 124  206 

for  basement  rooms 94  i/5 

general  toilet  room,  supplemental  to 

required,  not  prohibited 45,  78,  92  132,  167,  173 

in  cellar,  prohibited  without  written 

permit 45,  78,  92  132,  167,  173 

location  of 45,78  132,  167 

number  of,  in  multiple  dwellings  ...  45,  78, 93,  1 24       1 32,-  1 67,  1 74,  206 

outdoor,  prohibited 45,78,  124  132,  167,206 

pan,    plunger   and    long-hopper,    pro- 
hibited  47»  78,  124  138,  167,  206 

substitution  of,  for  privy  vaults,  school 

sinks,  cesspools  or  other  receptacles 124  206 

340 


INDEX 

SECTION  PAGE 

WATER-CLOSETS  (Continued) 

surfaces    beneath  and    around,  to  be 

kept  in  good  order  and  painted 96,  1 23  1 77,  206 

to  be  kept  clean 101  182 

tobeopen 45,  78  132,  167 

woodwork  enclosing,  forbidden 45>  78  132,  167 

woodwork  under 96,  123  177,206 

WATER  CONNECTIONS 

practicability  of,   decided   by   health 

officer 7  58 

WATER  SUPPLY 44,98,99  132,  179,  181 

city,  required  for  multiple-dwellings 46  137 

distribution  of 98,99  179,  181 

in  each  apartment,  suite  or  group  of 

rooms 44  132 

to  be  directly  accessible  to  each  family 98  1 79 

where  provisions  of  act  relative  to, 

apply .-.-7  58 

WATERPROOF  BASE 

and    floor    required    for    water-closet 

compartment 45,  78,  124  132,  167,  206 

WATERPROOFING 

of  foundation  walls 42,  1 2  5  1 28,  2 1 6 

of  lowest  floor 42,  125  128,  216 

WELLS 

and  cisterns 99  181 

no  opening  in,  for  drawing  water  with 

pails  or  buckets 99  181 

size,  number,  construction  and  main- 
tenance of,  to  be  determined  by 
health  officer 99  181 

to  be  provided  with  attachment  for 

drawing  water 99  181 

WHAT  KIND  OF  HOUSES  CAN  BE  BUILT 

UNDER  THE  MODEL  LAW 249-289 

WHEN  TO  TAKE  EFFECT 159  244 

WHITEWASHING 

of  cellar  walls  and  ceilings 95  177 

of  walls  of  courts 102  183 

WINDING  STAIRS 

prohibited 54  153 

WINDOW 

sash  door  equivalent  of 38  124 

WINDOWS 
health  department  may  order  cutting 

in  oj 121  204 

in  basement  rooms,  size  of 94  175 

in  bath  rooms 35,  76  1 1 5,  166 

in  interior  rooms,  location  of 120  200 

in  interior  rooms,  size  of 120  200 

in  public  halls 121  204 

in  public  halls,  location  of 36  119 

in  public  halls,  size  of 37,  75  122,  165 

341 


INDEX 

SECTION  PAGE 

WINDOWS  (Continued) 

in  rooms 30  105 

in  rooms,  location  of 29,  76  103,  166 

in  rooms,  size  of 30,  76,  120  105,  1 66,  200 

in  stair  halls,  size  of 38  1 24 

in  water-closet  compartments  ..35,45,76,78,  124      115,  132,  166,  167, 

206 

in  water-closet  compartments,  size  of  .  ..35,76,78  115,  166,  167 

location  of,  in  rooms  used  for  art  gal- 
leries, gymnasiums,  squash  courts, 

swimming  pools 29  1 03 

to  be  kept  clean 101  182 

to  halls  of  dwellings  from  paint,  oil, 

drug  and  liquor  stores  forbidden 108  189 

WINDOWS  AND  SKYLIGHTS  FOR  PUBLIC 

HALLS 37  122 

WINDOWS  FOR  STAIR  HALLS 

size  of 38  124 

WOODEN 

building 2  (18)  50 

building,  definition 2(18)  50 

buildings,  alteration  or  conversion  of, 

to  multiple-dwellings  prohibited 62  160 

not  to  be  placed  on  same  lot  with 
multiple-dwellings  within  fire 

limits 86  171 

on  same  lot  with  multiple-dwell- 
ings not  to  be  enlarged 86  171 

enlargement    of    existing,     multiple- 
dwellings,   except  for  water-closets 

or  bath-rooms,  prohibited 85  1 70 

erection   of,    multiple-dwellings,    pro- 
hibited   62  160 

hand-rails  to  stairs 55  153 

multiple-dwellings  forbidden 85  170 

sinks  and  wash-trays  prohibited 47,  78  138,  167 

sleepers  and  floors  in  stair  halls  pro- 
hibited   55  153 

WOODEN  BUILDINGS  ON  SAME  LOT  WITH 

A  MULTIPLE  DWELLING 86  171 

WOODWORK 

enclosing  plumbing  in,  forbidden 47,  78  1 38,  167 

enclosing  sinks  and  water-closets  to  be 

removed ! .  122,  123  205,  206 

enclosing  water-closets  in,  forbidden 45,  78  132,  167 


YARD 

front,  definition 2  (7)  35 

rear,  definition 2  (7)  35 

side,  definition 2(7)  35 

water-closets  prohibited 124  206 

YARDS 2  (7),  22  35.77 

access  to 22,  57  77,  '  57 

definition 2(7)  35 

342 


INDEX 

SECTION  PAGE 

YARDS  (Continued) 
minimum  size  of,  not  to  be  decreased 

by  any  building 28,  72  99,  162 

proportionate  size  of 251 

rear,  size  of 22  77 

side,  not  required  for  new  dwellings 23  86 

side,  size  of 23,  72  86,  1 62,  2 5 1 

size  of 22,  23,  28,  72     77,  86,  99,  162,  251 

to  be  concreted  if  required 43  130 

to  be  graded  and  drained 43  130 

to  be  kept  clean 101  182 


343 


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TION PUBLICATIONS 


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WHAT  KIND  OF  HOMES?— How  a  Chamber  of  Commerce  is  Helping  to 
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A  HOUSING  PROGRAMME 

By  LAWRENCE  VEILLER.     Three  cents  by  the  hundred. 
MODEL  TOWNS  IN  AMERICA 

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THE  EFFECT  OF  A  HOUSING  LAW 

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RURAL  AND  SUBURBAN  HOUSING 

By  ELMER  S.  FORBES.    Three  cents  by  the  hundred. 

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Other  Pamphlets  in  preparation. 


The  Tenement 
House  Problem 


BY  VARIOUS  WRITERS 
Edited  by  ROBERT  W.  de  FOREST  and  LAWRENCE  VEILLER 

Contents 

Introduction.     ROBERT  W.  DE  FOREST. 

The  Tenement  House  Problem. 

ROBERT  W.  DE  FOREST.    LAWRENCE  VEILLER. 

Tenement  House  Reform  in  New  York  City,  1834-1900. 
LAWRENCE  VEILLER. 

Housing  Conditions  in  Buffalo. 

WILLIAM  A.  DOUGLAS.    WILLIAMS  LANSING. 

'Housing  Conditions   and  Tenement  Laws  in  Leading  American 
Cities.        LAWRENCE  VEILLER. 

Housing  Conditions  and  Tenement  Laws  in  Leading  European 
Cities.        WINTHROP  E.  DWIGHT. 

A  Statistical  Study  of  New  York's  Tenement  Houses. 
LAWRENCE  VEILLER. 

The  Non-enforcement  of   the   Tenement   House   Laws   in   New 
York,  in  New  Buildings. 

LAWRENCE  VEILLER. 

Tenement  House  Fires. 

HUGH  BONNER.    LAWRENCE  VEILLER. 

Tenement  House  Fire-escapes. 

HUGH  BONNER.    LAWRENCE  VEILLER. 

Back  to  Back  Tenements. 

LAWRENCE  VEILLER. 

Tenement  House  Sanitation. 

ALBERT  L.  WEBSTER. 

Small  Houses  for  Working-men. 
H.  L.  CARGILL. 

The  Financial  Side  of  the  Tenement  House  Problem. 
ELGIN  R.  L.  GOULD. 

The  Speculative  Building  of  Tenement  Houses. 
LAWRENCE  VEILLER. 

Tenement  Evils  as  seen  by  the  Tenants. 
Tenement  Evils  as  seen  by  an  Inspector. 
C.  A.  MOHR. 


The  Tenement 
House  Problem 


Contents  (Continued) 

Tuberculosis  and  the  Tenement  House  Problem. 

HERMANN  M.  BIGGS,  M.D. 
The  Relation  of  Tuberculosis  to  the  Tenement  House  Problem. 

ARTHUR  R.  GUERARD,  M.D. 
Prostitution  as  a  Tenement  House  Evil. 

JAMES  B.  REYNOLDS. 
Policy — a  Tenement  House  Evil. 

F.  NORTON  GODDARD. 
Public  Baths.    FRANK  TUCKER. 
Parks  and  Playgrounds  for  Tenement  Districts. 

LAWRENCE  VEILLER. 
A  Plan  for  Tenements  in  Connection  with  a  Municipal  Park. 

I.  N.  PHELPS  STOKES. 
Foreign  Immigration  and  the  Tenement  House  in  New  York  City. 

KATE  HOLLADAY  CLAGHORN. 


Appendices 

1.  The  Proceedings  of  the  Commission. 

2.  The  Proposed  Code  of  Tenement  House  Laws.     (With  Explanatory 

Notes.) 

3.  The  Act  for  the  Creation  of  a  Separate  Tenement  House  Department. 

4.  Other  Proposed  Legislation. 

5.  The  Tenement  House  Act.     (As  amended  in  1901,  1902,  and  1903.) 

6.  A  History  of  Tenement  House  Legislation  in  New  York,  1852-1900. 

LAWRENCE  VEILLER. 

7.  Results  of  Investigations  in  Buffalo  in  1900. 

WILLIAM  A.  DOUGLAS.    WILLIAMS  LANSING. 

8.  Testimony  of  Building  Department  Officials  in  Relation  to  the  Non- 

enforcement  of  Tenement  House  Laws  in  New  York  City. 

9.  Tenement  House  Rentals. 

LAWRENCE  VEILLER. 

:o.     Schedules,  Forms,  and  Blanks  used  in  the  Investigations  of  the  Com- 
mission. 

Illustrated  with  maps,  plans  and  many  photographs. 
In  two  octavo  volumes,  cloth,  price  $2.50  net.     (Postage  36  cents.) 


National  Housing  Association 

105  East  Twenty-Second  Street 
New  York  City 


"  EVERY  CITY  HAS  A  HOUSING  PROBLEM 


HOUSING  REFORM 


A  HANDBOOK  FOR  USE 
IN   AMERICAN   CITIES 


By  LAWRENCE  VEILLER 

Secretary  Tenement  House  Commission  of  1900;   Deputy  Commissioner  New  York  Tenement  House 
Department  under  Mayor  Seth  Low;   Director  Department  for  the  Improvement  of  Social 
Conditions  of  the  New  York  Charity  Organization  Society;  Joint  Author  The  Tene- 
ment Problem;  Director  National  Housing  Association. 

As  Mr.  de  Forest  points  out  in  the  introduction,  this  book  is  written  by  "the 
person  most  competent  by  knowledge  and  experience  to  deal  with  the  subject." 
Mr.  Veiller  is  qualified  both  as  reformer  and  as  public  official  to  treat  housing  re- 
form in  a  practical  way.  He  tells  not  only  the  need  but  the  remedy,  and  how  to 
secure  it. 


CONTENTS 

Foreword,  by  Robert  W.  de  Forest. 
I.     Housing  Evils  and  Their  Significance. 
II.     Some.  Popular  Fallacies. 

III.  Congestion  and  Overcrowding. 

IV.  The  Housing  Problem  a  Threefold  One. 

V.  How  to  Start  a  Movement  for  Housing  Reform. 

VI.  The  Essentials  of  a  Housing  Investigation. 

VII.  Model  Tenements  and  Their  Limitations. 

VIII.  Municipal  Tenements  and  Municipal  Regulation. 

IX.  Essential  Principles  of  a  Housing  Law. 

X.  What  a  Housing  Law  Should  Contain. 

XI.  The  Enforcement  of  Housing  Laws. 

XII.  How  to  Secure  Legislative  Reforms. 

XIII.  The  Field  of  Private  Effort. 

XIV.  A  Chapter  of  "Don'ts." 

Sample  Schedules  for  Housing  Investigations. 
Index. 


12mo,     220    Pages    T>RICE  <D>  1      O  C    Send  Check,  Money  Order 

Published  March,  1910    -L    OSTPAID    ^]]/JL«^W%^    or    Two -cent    Stamps    to 

SURVEY  ASSOCIATES,  ING. 

105  EAST  22D  STREET,  NEW  YORK  CITY 


HOUSING  PROBLEMS 
IN  AMERICA 

Vol.1 


CONTENTS 

A  HOUSING  PROGRAMME LAWRENCE  VEILLER 

Secretary,  National  Housing  Association 

THE  PROBLEMS  OF  THE  SMALL  HOUSE OTTO  W.  DAVIS 

Superintendent,  Associated  Charities,  Columbus,  Ohio 

HOUSING  REFORM  THROUGH  LEGISLATION PAUL  L.  FEISS 

Chairman,  Housing  Committee,  Chamber  of  Commerce, 

Cleveland,  Ohio 

PRIVY  VAULTS CHARLES  B.  BALL 

Chief  Sanitary  Inspector,  Health  Department,  Chicago,  111. 

CITY  PLANNING  AND  HOUSING FREDERICK  LAW  OLMSTED 

President,  National  City  Planning  Conference,  Brookline,  Mass. 

ALLEYS MRS.  ALBION  FELLOWS.  BACON 

Secretary,  Indiana  Housing  Association,  Evansville,  Ind. 

LAW  ENFORCEMENT HON.  JOHN  J.  MURPHY 

Tenement  House  Commissioner,  New  York  City 

THE  TENANT'S  RESPONSIBILITY EMILY  W.  DINWIDDIE 

Inspector,  Dwelling  Houses  of  Trinity  Church  Corporation, 

New  York  City 

BEST  TYPES  OF  SMALL  HOUSES Miss  HELEN  L.  PARRISH 

Director,  Octavia  Hill  Association,  Philadelphia,  Pa. 

GARBAGE  AND  RUBBISH LUTHER  E.  LOVEJOY 

Secretary,  Housing  Commission,  Detroit,  Mich. 

HOUSING  EVILS  IN  THE  SMALLER  CITIES ELMER  S.  FORBES 

Chairman,  State  Housing  Committee,  Massachusetts  Civic  League, 

Boston,  Mass. 

SANITARY  INSPECTION EDWARD  T.  HARTMAN 

Secretary,  Massachusetts  Civic  League,  Boston,  Mass. 


Price  $2.00  postpaid 

NATIONAL  HOUSING  ASSOCIATION 

105  E.  22o  STREET,  NEW  YORK  CITY 


HOUSING  PROBLEMS 
IN  AMERICA 

Vol.  II 


CONTENTS 

THE  MENACE  or  GREAT  CITIES RT.  HONORABLE  JAMES  BRYCE 

British  Ambassador  to  the  United  States 

THE  PRESIDENT'S  ADDRESS ROBERT  W.  DE  FOREST 

President,  National  Housing  Association 

HEALTH  DEPARTMENTS  AND  HOUSING CHARLES  B.  BALL 

Chief  Sanitary  Inspector,  Health  Department,  Chicago,  111. 

REGULATION  BY  LAW MRS.  ALBION  FELLOWS  BACON 

Secretary,  Indiana  Housing  Association,  Evansville,  Ind. 

ROOM  OVERCROWDING  AND  THE  LODGER  EVIL.... LAWRENCE  VEILLER 
Secretary,  National  Housing  Association,  New  York  City 

INSTRUCTIVE  SANITARY  INSPECTION.... MRS.  JOHANNA  VON  WAGNER 

Los  Angeles,  Cal. 

WHAT  ARE  THE  BEST  TYPES  OF  WAGE-EARNERS'  HOUSES?  JOHN!HLDER 

Field  Secretary,  National  Housing  Association,  New  York  City 

FINANCING  THE  SMALL  HOUSE LEE  K.  FRANKEL 

Metropolitan  Life  Insurance  Company,  New  York  City 

GARDEN  CITIES GROSVENOR  ATTERBURY 

Fellow,  American  Institute  of  Architects,  New  York  City 

THE  FACTORY  AND  THE  HOME:    SHALL  THE  HOMES  OF   FACTORY 
EMPLOYEES  GO  TO  THE  CITY  OUTSKIRTS  WITH  THE  FACTORY? 

JOHN  NOLEN 
Landscape  Architect,  Cambridge,  Mass. 

RURAL  AND  SUBURBAN  HOUSING ELMER  S.  FORBES 

Chairman,  Housing  Committee,  Massachusetts  Civic  League, 

Boston,  Mass. 

WHERE  CITY  PLANNING  AND  HOUSING  MEET 

ANDREW  WRIGHT  CRAWFORD 

City  Parks  Association;  Art  Commission,  Philadelphia,  Pa. 

OPEN  DISCUSSION 

THE  MAKE  UP  OF  THE  VOLUME 

The  book  is  a  volume  of  385  pages,  one  and  one-half  inches  thick.  It  is  hand 
somely  bound  in  green  linen  so  as  to  be  uniform  with  the  Proceedings  of  the  First 
Conference.  The  type  is  unusually  clear  and  the  pages  well  proportioned. 


Price  $2.00  postpaid 

NATIONAL  HOUSING  ASSOCIATION 

105  EAST  220  STREET,  NEW  YORK  CITY 


Tenement  House  Reform 
in  New  York  City 


FIRST  REPORT  OF  THE  TENEMENT  HOUSE 

DEPARTMENT  OF  THE  CITY  OF 

NEW  YORK,  1902-3 

This  two  volume  work  tells  how  New  York  City 
dealt  with  the  tenement  house  problem,  the  methods 
the  newly  organized  department  used  to  overcome 
tremendous  difficulties,  and  the  first  results  of  a  reform 
which  has  provided  the  workers  of  New  York  with 
more  sanitary  living  conditions  than  those  enjoyed  by 
the  workers  of  any  other  American  city  who  live  in 
tenement  districts.  It  is  filled  with  reproductions  of 
photographs,  plans,  investigation  schedules,  etc.,  which 
illustrate  graphically  conditions  as  found  by  the  new 
department,  the  means  taken  to  secure  improvement, 
and  some  of  the  results  of  the  first  eighteen  months' 
work. 

This  report  is  now  out  of  print,  but  the  National 
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postage,  which  amounts  to  40  cents  in  the  United 
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